IRLF 


oi 


LAWS 

BELATTNG  TO  ELECTIONS. 

[To  and  including  Acts  of  1907.] 


PREPARED  BY  THE 

SECRETARY   OF   THE   COMMONWEALTH. 


BOSTON: 

WEIGHT  &  POTTER  FEINTING  CO.,  STATE  PEINTEES, 

18  POST  OFFICE  SQUARE. 

1907. 


C0mm0ttfo*altjj  of 


LAWS 

BELATING  TO  ELECTIONS. 

[To  and  including  Acts  of  1907.] 


PREPARED  BY  THE 

SECRETARY   OF   THE   COMMONWEALTH. 


BOSTON: 

WEIGHT  &  POTTEE  FEINTING  CO.,  STATE  PEINTEES, 

18  POST  OFFICE  SQUARE. 

1907. 


The  copies  of  this  pamphlet  which  are  furnished  to 
city,  town  and  other  officers  are  for  their  official  use, 
and  should  be  carefully  preserved  by  them  and  trans- 
mitted to  their  successors  in  office  so  long  as  the  laws 
contained  in  the  pamphlet  remain  in  force. 


CONTENTS. 


Part  1. 

General  Provisions      ....... 

Qualifications  of  Voters       ...... 

Assessment  of  Poll  Taxes  and  Lists  of  Persons  Assessed 
Registrars  of  Voters   ....... 

Registration  of  Voters         ...... 

Voting  Lists       ........ 

Listing  and  Registration  of  Voters  in  Boston 


Sections 
1-11 
12-14 
15-23 
24-34 
35-59 
60-68 
69-88 


Part  2. 

Political  Committees .  89-93 

Provisions  Applying  to  All  Caucuses  of  Political  Parties  .  .  .  94-107 
Provisions  Applying  to  Caucuses  of  Political  Parties  at  which  Official 

Ballots  are  not  Used 108-111 

Provisions  Applying  to  Caucuses  of  Political  Parties  at  which  Official 

Ballots  are  Used 112-143 

Joint  Caucuses  or  Primaries  of  Political  and  Municipal  Parties         .          .  144-160 

Provisions  Applying  to  Caucuses  Other  than  those  of  Political  Parties      .  161-164 

Nomination  of  Candidates  .........  165-184 

State  Ballot  Law  Commission  185-189 


Part  3. 

Wards  and  Voting  Precincts        ...... 

Election  Officers 

Voting  Places     .          .          .          .          .          . 

Ballot  Boxes,  Voting  Machines,  Counting  Apparatus  and  Blanks 
Preparation  and  Form  of  Ballots  ..... 

Information  to  Voters          ....... 

Delivery  of  Ballots,  Etc 

Calling  of  Elections    ........ 

Conduct  of  Elections  ....... 

Manner  of  Voting        ........ 

Counting  of  Votes       .          .          .          .          . 

Records  and  Certificates  of  Election      ..... 

Recounts  of  Votes 


190-199 
200-214 
215-216 
217-228 
229-236 
237-241 
242-244 
245-247 
248-258 
259-268 
269-274 
275-298 
299-302 


1  €5394.1 


CONTENTS. 


Part  4. 

Proceedings  in  Cases  of  Failure  to  Elect,  and  Vacancies  in  State  Offices 
Proceedings  of  Presidential  Electors     ...... 

Corrupt  Practices        ......... 

Inquests  in  Election  Cases  ........ 

Officers  to  be  Elected  at  State  Elections 


Sections 
303-311 
312-313 
314-334 
335-341 
342-354 


Part  5. 

Provisions  Applicable  to  Town  Meetings       ......  355-361 

Election  of  Town  Officers 362-382 

Proceedings  in  Cases  of  Failure  to  Elect,  and  Vacancies  in  Town  Offices  .  383-391 

Town  Elections  at  which  Official  Ballots  are  Used  392-393 


Part  6. 


Penalties  upon  Officers 
Penalties  upon  Voters 
General  Penalties 
Repeal  of  Former  Statutes 


394-410 

411-416 

417-455 

456 


LAWS 

RELATING  TO  ELECTIONS. 


Acts  of  1907,  Chapter  560. 

AN    ACT    TO    CODIFY    THE    LAWS   RELATIVE    TO    CAUCUSES    AND 

ELECTIONS. 

Be  it  enacted,  etc.,  as  follows: 

PAKT  1. 

GENERAL    PROVISIONS. 

SECTION  1.     Terms  used  in  this  chapter  and  in  stat-  5e«tai? terms 

i«  -i         •  i-i-ii  -i  /»   TI  denned. 

utes  relative  to  elections  shall  be  construed  as  follows,  iin-  R.  L.  11,  §§  i, 

i  *^n 

less  other  meaning  is  clearly  apparent  from  language  or  1902,  346,  §  3. 
context,  or  unless  such  construction  is  inconsistent  with  }go|;  444'. §  1' 
the  manifest  intent  of  the  legislature :  }|07;  429' §§  1- 

"  Assessors  "  shall  mean  the  assessors  of  taxes  of  a  city  R.  L.  11,  §  i. 
or  town. 

"  Caucus  "  shall  apply  to  any  public  meeting  of  the  R.  L.  11,  §  i. 
voters  of  a  precinct,  ward,  or  town,  held  under  the  provi-  1906-444- 
sions  of  this  chapter  for  the  nomination  of  a  candidate 
for  election,  for  the  election  of  a  political  committee  or  of 
delegates  to  a  political  convention. 

"  Caucus   officers  "   shall  apply  to  chairmen,   wardens,  R.  L.  11,  §§  i, 
secretaries,  clerks  and  inspectors,  and,  when  on  duty,  to  Igo3,454. 
additional  officers  appointed  or  elected,  or  elected  to  fill  a  1906>  444>  §  3- 
vacancy,  and  taking  part  in  the  conduct  of  caucuses  or 
primaries. 

"  City  election"  shall  apply  to  any  election  held  in  a  R.L.  11,  §1. 
city  for  the  choice  of  a  city  officer  by  the  voters  whether 
for  a  full  term  or  for  the  filling  of  a  vacancy. 


GENERAL  PROVISIONS. 


"  CitJ  officer  "  sha11  appty  to  anJ  Person  to  be  chosen 
by  the  voters  at  a  city  election. 

1907,  429,  §1.  «  Convention  "  shall  apply  only  to  a  meeting  of  dele- 
gates duly  chosen  in  caucuses,  representing  two  or  more 
subdivisions  of  the  district  for  which  the  convention  is 
held. 

R.  L.  11,  §  i.  t(  Election  "  shall  apply  to  the  taking  of  a  vote  upon  a 
proposed  amendment  to  the  constitution  ;  upon  the  question 
of  granting  licenses  for  the  sale  of  intoxicating  liquors  ; 
and  upon  any  other  question  by  law  submitted  to  the 
voters. 

"  Election  officer  "  shall  apply  to  wardens,  clerks,  inspec- 
tors and  ballot  clerks,  and  to  their  deputies  when  on  duty, 
and  also  to  selectmen,  town  clerks,  moderators  and  tellers 
when  taking  part  in  the  conduct  of  elections. 

"  Elective  office  "  shall  apply  to  any  office  to  be  filled 
by  the  voters  at  any  state,  city  or  town  election. 

1903,  454,  §1.  ft-\T        •    •        i  •>      i      IT  i  ,1 

1907,  429,  §  16.  Municipal  party  shall  apply  to  a  party  other  than 
a  political  party  which  at  the  preceding  city  or  town  elec- 
tion polled  for  mayor  or  a  selectman  at  least  three  per 
cent  of  the  entire  vote  cast  in  the  city  or  town  for  that  office 
or,  in  a  city,  which  files  with  the  city  clerk,  or  in  Boston 
with  the  election  commissioners,  at  least  sixty  days  before 
the  annual  municipal  election,  a  petition  to  be  allowed  to 
place  caucus  nominations  on  the  official  ballot,  which  peti- 
tion is  signed  in  person  by  a  number  of  registered  voters 
of  the  city  equal  to  at  least  three  per  cent  of  the  entire 
vote  polled  in  the  city  for  mayor  at  the  preceding  elec- 
tion, and  so  far  as  municipal  elections  in  a  city  are  con- 
cerned, such  a  party  shall  also  be  deemed  a  political  party 
within  the  meaning  of  this  chapter  ;  but  the  term  "  munic- 
ipal party  "  shall  be  used  only  with  reference  to  caucuses 

R  L  11  §  i      ^or  the  Domination  of  city  or  town  officers. 

1903;  454.  "  Official  ballot  "  shall  mean  a  ballot  prepared  for  any 

election,   caucus  or  primary  by  public   authority   and  at 
public  expense. 

"  Political  committee  "  shall  apply  only  to  a  committee 
elected  in  pursuance  of  this  chapter. 

"  Political  convention  "  shall  apply  only  to  a  conven- 
tion called  and  held  in  pursuance  of  this  chapter. 

"  Political  party  "  shall  apply  to  a  party  which  at  the 
preceding  annual  state  election  polled  for  governor  at  least 
three  per  cent  of  the  entire  vote  cast  in  the  commonwealth 
for  that  office, 


GENERAL  PROVISIONS.  1 

"  Polling  place  "  shall  apply  to  a  room  or  place  pro-  Certain  terms 
vided  by  a  city  or  town  for  an  election,  caucus,  or  primary.  R.  L.  11,  §  i. 

"  Presiding  officer  "  shall  apply  to  the  warden  or  chair-  ™°£f  ^4§  l 
man  at  a  caucus,  or  primary,  to  the  warden,  chairman  of  Jgo|,  346,  §  3. 
the  selectmen,  moderator,  moderator  pro  tempore  or  town 
clerk  in  charge  of  a  polling  place  at  an  election,  or  to  a 
justice  of  the  peace  acting  as  moderator  at  a  town  meet- 
ing; or,  in  the  absence  of  any  such  officer,  to  the  deputy 
warden  or  the  clerk  or  senior  inspector  or  senior  selectman 
present  who  shall  have  charge  of  a  polling  place. 

"  Primary  "  shall  apply  to  a  caucus  of  political  parties  1903,454. 
held  under  the  provisions   of  sections   one  hundred   and 
forty-four  to  one  hundred  and  sixty  of  this  chapter. 

"  Registrars  "    shall    mean   the   board   of   registrars   of  R-  L-  n,  §  1. 
voters  of  a  city  or  town  or  the  board  of  election  commis- 
sioners of  the  city  of  Boston,  when  applicable. 

"  State  election  "  shall  apply  to  any  election  held  for 
the  choice  of  a  national,  state,  district  or  county  officer  by 
the  voters,  whether  for  a  full  term  or  for  the  filling  of  a 
vacancy. 

"  State  officer  "  shall  apply  to  any  person  to  be  chosen 
at  a  state  election. 

'  Town  election  "  shall  apply  to  any  meeting  held  for 
the  election  of  town  officers  by  the  voters,  whether  for  a 
full  term  or  for  the  filling  of  a  vacancy. 

(  Town  elections  or  meetings  at  which  official  ballots 
are  used  "  shall  be  construed  to  mean  town  elections  or 
meetings  in  towns  to  which  section  three  hundred  and 
ninety-two  applies. 

"  Town  officer  "  shall  apply  to  any  person  to  be  chosen 
at  a  town  meeting. 

6  Two  leading  political  parties  "  shall  apply  to  the  po- 
litical parties  which  cast  the  highest  and  next  highest 
number  of  votes  for  governor  at  the  preceding  annual  state 
election. 

'*  Voter  "  shall  mean  a  registered  male  voter. 

SECTION   2.      In   all   elections  of  civil   officers  by  the  Results  of 
people,  the  person  receiving  the  highest  number  of  votes  dSSSS^ 
for  an  office  shall  be  deemed  and  declared  to  be  elected  to  R-  L-  U|  §  2- 
such  office;  and  if  two  or  more  persons  are  to  be  elected 
to  the  same  office,  the  several  persons,  to  the  number  to 
be  chosen  to  such  office,  receiving  the  highest  number  of 
votes,  shall  be  deemed  and  declared  to  be  elected ;  but  per- 
sons receiving  the  same  number  of  votes  shall  not  be  deemed 


8 


GENERAL  PROVISIONS. 


Elections  in 
cities  to  be 
on  Tuesdays. 
R.  L.  11,  §  3. 

Time,  how 
computed  in 
election  laws. 
R.  L.  11,  §  4. 


Time  to  be 
allowed  for 
voting  of 
employees. 
R.  L.  11,  §  5. 
1902,  384, §  1. 
1904,  334, §  1. 


Sale,  etc.,  of 
intoxicating 
liquors  on 
election  days. 
R.  L.  11,  §  6. 
1907,  468. 


Posting  9f 

lists,  notices, 

etc. 

R.  L.  11,  §  7. 


Election  com- 
missioners in 
Boston, 
powers  and 
duties  of. 


to  be  elected  if  thereby  a  greater  number  would  be  elected 
than  are  by  law  to  be  chosen. 

SECTION  3.  All  elections  in  cities  which  by  charter  or 
statute  are  to  be  held  on  a  Monday,  shall  be  held  on  the 
Tuesday  next  succeeding  such  Monday. 

SECTION  4.  In  computing  the  period  of  time  prescribed 
in  any  statute  relating  to  elections,  Sundays  and  holidays 
shall  generally  be  included ;  but  when  the  last  day  of  such 
period  falls  on  a  Sunday  or  on  a  holiday  the  succeeding 
day  shall  be  considered  the  final  day  of  such  period;  and 
when  the  first  day  of  such  period  falls  on  a  Sunday  or  on 
a  holiday,  the  day  preceding  shall  be  considered  the  first 
day  of  the  period. 

SECTION  5.  No  person  entitled  to  vote  at  an  election 
shall,  upon  the  day  of  any  such  election,  be  employed  in 
any  manufacturing,  mechanical  or  mercantile  establish- 
ment, except  such  as  may  lawfully  conduct  its  business  on 
Sunday,  during  the  period  of  two  hours  after  the  opening 
of  the  polls  in  the  voting  precinct  or  town  in  which  he  is 
entitled  to  vote,  if  he  shall  make  application  for  leave  of 
absence  during  such  period. 

SECTION  £.  No  common  victualler  having  a  license  of 
the  first,  second  or  third  class  for  the  sale  of  intoxicating 
liquors  and  no  person,  other  than  a  wholesale  druggist, 
having  a  license  therefor  of  the  fourth  or  fifth  class  shall 
sell,  give  away  or  deliver  on  the  licensed  premises  any 
such  liquors  on  the  day  on  which  a  state,  city  or  annual 
town  election  is  held  in  the  city  or  town  in  which  such 
premises  are  situated;  and  no  innkeeper  having  a  license 
for  the  sale  of  intoxicating  liquors  shall,  on  the  day  of 
any  such  election,  sell,  give  away  or  deliver  in  his  inn  any 
such  liquors  to  other  than  persons  who  have  resorted  to  his 
inn  for  food  or  lodging;  but  the  provisions  of  this  section 
shall  not  apply,  in  case  of  an  election  held  in  a  city  on  a 
day  other  than  that  of  the  annual  city  election  therein,  to 
wards  in  which  no  election  is  held. 

SECTION  7.  All  lists,  notices  and  copies  of  laws  relat- 
ing to  elections,  required  by  law  to  be  posted,  shall  be 
posted  at  the  places  in  which  the  voting  lists  are  required 
by  law  to  be  posted,  or  as  near  as  may  be  thereto. 

SECTION  8.  All  the  powers  and  duties  relating  to  cau- 
cuses, primaries  or  elections  by  law  vested  in  and  imposed 
upon  the  mayor  and  aldermen  or  either  of  them,  the  city 


GENERAL  PROVISIONS.  9 

clerk  or  the  board  of  registrars  of  voters  in  cities,  except-  ^03'  454  §8' 

ing  the  power  and  duty  of  giving  notice  of  elections,  and 

fixing  the  days  and  hours  of  holding  the  same,  shall,  in 

the  city  of  Boston,  be  vested   in  and  performed  by  the 

board  of  election  commissioners  of  said  city,  who  shall  be 

subject  to  all  penalties  prescribed  for  failure  to  perform 

the  said  duties. 

SECTION  9.     The  board  of  aldermen  of  a  city,  in  Boston  Ballot  boxes, 
the   election   commissioners,   or   the  selectmen   of   a  town  tions^f^use. 
may  make  regulations  not  inconsistent  with  the  provisions  f;  L>  llf  §§  8> 
of  this  chapter  relative  to  the  use  of  ballot  boxes  and  seals, 
counting  and  other  apparatus,  the  receiving  of  ballots  and 
the  counting  and  returning  of  votes. 

SECTION  10.  If,  in  a  criminal  prosecution  for  the  vio-  Registration, 
lation  of  any  law  relating  to  the  assessment,  qualification  deemed  be 
or  registration  of  voters,  or  to  voting  lists  or  ballots  or 
matters  pertaining  thereto,  the  defendant  relies  upon  the  j 
invalidity,  informality  or  irregularity  of  such  assessment, 
qualification  or  registration,  or  of  such  voting  lists  or  bal- 
lots, or  matters  pertaining  thereto,  he  shall  prove  such  in- 
validity, irregularity  or  informality  ;  and  until  such  proof, 
the  presumption  shall  be  that  such  assessment,  qualifica- 
tion or  registration,  or  such  voting  lists  or  ballots  or  mat- 
ters pertaining  thereto,  are  valid,  formal  and  regular,  and 
in  accordance  with  law;  but  the  validity,  regularity  or 
formality  of  such  assessment,  qualification  or  registration 
of  voters,  or  of  such  voting  lists  or  ballots,  or  matters  per- 
taining thereto,  may  also  be  proved  in  any  other  legal 
manner. 

SECTION  11.     If,  in  a  criminal  prosecution  for  the  vio-  Primary, 
lation  of  any  law  relating  to  primaries,  caucuses  or  elec-  SeetSonto  be 
tions  or  matters  pertaining  thereto,   the  defendant  relies 
upon  the   invalidity,   irregularity  or   informality  of   any  JTTTif 
caucus,  primary  or  election,  or  upon  the  failure  or  neglect  J^  454 
of  any  officer  or  person  to  do  any  act  in  relation  to  any 
primary,  caucus  or  election  or  matters  pertaining  thereto, 
he  shall  prove  such  invalidity,   irregularity,   informality, 
failure  or  neglect;  and  until  such  proof,  the  presumption 
shall  be  that  such  primary,  caucus  or  election  or  matters 
pertaining  thereto  were  valid,  regular  and  formal  and  that 
such  officer  or  person  acted  as  prescribed  by  law.      The 
testimony  of  the  clerk  of  the  city  or  town,  or  in  Boston  the 
election  commissioners,  wherein  it  is  alleged  that  such  elec- 


?neecriminlful! 


10 


QUALIFICATIONS    OF   VOTERS. 


tion  was  held,  or  of  the  presiding  officer,  secretary  or  clerk 
of  such  primary  or  caucus,  that  such  primary,  election  or 
caucus  was  actually  held,  shall  be  prima  facie  evidence 
that  the  same  was  regularly  and  duly  held;  but  the  valid- 
ity, regularity  or  formality  of  such  primary,  caucus  or 
election  or  matters  pertaining  thereto  may  also  be  proved 
in  any  other  legal  manner. 


Qualifications 
of  male  voters. 
R.  L.  11,  §  12. 


Certain  per- 
sons not  to  be 
disqualified. 


Qualifications 

of  female 

voters. 

R.  L.  11,  §  13. 


QUALIFICATIONS    OF    VOTERS. 

SECTION  12.  Every  male  citizen  of  twenty-one  years 
of  age  or  upwards,  not  being  a  pauper  or  person  under 
guardianship,  who  is  able  to  read  the  constitution  of  the 
commonwealth  in  the  English  language  and  to  write  his 
name,  and  who  has  resided  within  the  commonwealth  one 
year  and  within  the  city  or  town  in  which  he  claims  a 
right  to  vote,  six  calendar  months  last  preceding  a  state, 
city  or  town  election,  may  have  his  name  entered  upon 
the  list  of  voters  in  such  city  or  town,  and  shall  have  the 
right  to  vote  therein  in  any  such  election  or  in  any  meet- 
ing held  for  the  transaction  of  town  affairs  upon  comply- 
ing with  the  requirements  hereinafter  set  forth;  and,  ex- 
cept as  above  provided,  no  male  person  shall  have  his 
name  entered  upon  the  list  of  voters  or  have  the  right 
to  vote,  except  that  no  person  who  is  prevented  from  read- 
ing or  writing  as  aforesaid  by  a  physical  disability,  or 
who  had  the  right  to  vote  on  the  first  day  of  May  in  the 
year  eighteen  hundred  and  fifty-seven,  shall,  if  otherwise 
qualified,  be  deprived  of  the  right  to  vote  by  reason  of 
not  being  able  so  to  read  or  write;  and  no  person  who, 
having  served  in  the  army  or  navy  of  the  United  States 
in  the  time  of  war,  has  been  honorably  discharged  from 
such  service,  if  otherwise  qualified  to  vote,  shall  be  dis- 
qualified therefor  on  account  of  receiving  or  having  re- 
ceived aid  from  any  city  or  town ;  and  further,  no  person, 
otherwise  qualified  to  vote  for  national  or  state  officers 
shall,  by  reason  of  a  change  of  residence  within  the  com- 
monwealth, be  disqualified  from  voting  for  such  officers  in 
the  city  or  town  from  which  he  has  removed  his  residence 
until  the  expiration  of  six  calendar  months  from  the  time 
of  such  removal. 

SECTION  13.  Every  female  citizen  having  the  qualifica- 
tions of  a  male  voter  required  by  the  preceding  section  may 


ASSESSMENT    OF    POLL   TAXES,  ETC.  11 

have  her  name  entered  upon  the  list  of  voters  for  school 
committee,  and  shall  have  the  right  to  vote  for  members 
of  the  school  committee  upon  complying  with  the  require- 
ments hereinafter  set  forth. 

SECTION  14.     A  person  qualified  to  vote  in  a  city  or  Place  ot  ~ 
town  divided  into  wards  or  voting  precincts  shall  be  regis-  InTvSS 
tered  and  be  entitled  to  vote  in  the  ward  or  voting  pre-  R>  L-  n>  §  14> 
cinct  in  which  he  resided  on  the  first  day  of  May  preced- 
ing the  election,  or,  if  he  became  an  inhabitant  of  such 
city  or  town  after  such  first  day  of  May,  in  the  ward  or 
voting  precinct  in  which  he  first  became  a  resident. 


ASSESSMENT    OF    POLL    TAXES    AND    LISTS    OF    PERSONS 
ASSESSED. 

SECTION  15.     The  assessors,  assistant  assessors,  or  one  Assessors  to 
or  more  of  them,   shall  annually,  in  May  or  June,  visit  mai^pSson 
every  building  in  their  respective  cities  and  towns  and,  1p0u1tatx.a 
after  diligent  inquiry,  shall  make  true  lists  containing,  as  J^L.  11^  § 
nearly  as  they  can  ascertain,  the  name,  age,  occupation  J|°^2^' 
and  residence,  on  the  first  day  of  May  in  the  current  year,  1907,  '429, 
and  the  residence  on  the  first  day  of  May  in  the  preceding 
year,  of  every  male  person  twenty  years  of  age  or  up- 
wards, residing  in  their  respective  cities  and  towns,  liable 
to  be  assessed  for  a  poll  tax  ;  and,  except  in  Boston,  shall 
inquire  at  the  residences  of  the  women  voters  whose  names  voters. 
are  contained  in  the  list  transmitted  to  them  by  the  regis- 
trars under  the  provisions  of  section  forty-four  whether 
such  women  voters  are  resident  thereat,  and  shall  there- 
upon  make   true   lists    of   the    women   voters    found   by 
them. 

Any  inmate  of  the  Soldiers'  Home  in  the  city  of  Chel- 
sea  shall  have  the  same  right  as  any  other  resident  of  that 


15. 


city  to  be  assessed  and  to  vote  therein.  vote  in 

The  assessors  shall,  upon  the  personal  application  of  an  Assessors  to 
assessed  person  for  the  correction  of  any  error  in  their  ^T^pi™1 
original  lists,  and  whenever  informed  of  any  such  error,  omissions. 
make  due  investigation,  and,  upon  proof  thereof,  correct 
the  same  on   their  books.     When  informed  of  the  omis- 
sion of  the  name  of  a  person  who  is  averred  to  have  lived 
in  the  city  or  town  on  the  first  day  of  May  in  the  current 
year,  and  to  have  been  assessed  there  in  the  preceding  year, 
they  shall  make  due  investigation,  and,  upon  proof  thereof, 


12 


ASSESSMENT    OF    POLL   TAXES,  ETC. 


Applications, 
etc.,  to  be 
preserved  for 
two  years. 

Except  in 
Boston  to 
transmit  to 
registrars  and 
collectors, 
lists,  etc. 
R.  L.  11,  §  16. 
1903,  279, §  17. 


Assessors  of 
cities,  except 
Boston,  and 
certain  towns 
to  prepare 
street  lists,  etc. 
R.  L.  11,  §  17. 

1903,  279,  §  16. 

1904,  294, §  1. 


Lists  of 


to  be  posted 
in  certain 
towns. 


Form  and 
contents  of 
street  lists. 
R.  L.  11,  §  18. 
1904,  294,  §  2. 


Assessment  of 
persons  not 
previously 


R.  L.  11,  §  19. 

1903,  430,  §  1. 

1904,  294, §  3. 
1907,  429,  §  3. 


supply  the  omission  on  their  books.  They  shall  cause  all 
applications,  certificates  and  affidavits  received  by  them 
under  this  section  to  be  preserved  for  two  years. 

SECTION  16.  The  assessors,  except  in  Boston,  shall 
from  time  to  time,  and  before  the  fifteenth  day  of  July  in 
each  year,  transmit  to  the  registrars  of  voters  the  lists 
made  as  provided  in  the  preceding  section,  or  certified 
copies  thereof,  and  shall  promptly  transmit  to  the  regis- 
trars and  to  the  collector  of  taxes  notice  of  every  addition 
to  and  correction  in  the  lists  made  by  them.  Every  asses- 
sor, assistant  assessor  and  collector  of  taxes  shall  furnish 
all  information  in  his  possession  necessary  to  aid  the  reg- 
istrars in  the  performance  of  their  duties. 

SECTION  17.  The  assessors  of  cities,  except  in  Boston, 
shall,  on  or  before  the  fifteenth  day  of  July  in  each  year, 
and  the  assessors  of  towns  having  over  five  thousand  in- 
habitants according  to  the  latest  census,  state  or  national, 
shall,  on  or  before  the  first  day  of  August  in  each  year, 
prepare  street  lists  containing  the  names  of  all  persons 
assessed  by  them  for  poll  taxes  for  the  current  year.  Such 
lists  for  cities  and  for  towns  divided  into  voting  precincts 
shall  be  arranged  by  voting  precincts.  They  shall  print 
such  lists  in  pamphlet  form,  shall  deliver  to  the  registrars 
as  many  copies  thereof  as  they  may  require,  and  shall 
hold  the  remaining  copies  for  public  distribution.  In  all 
other  towns  they  shall,  on  or  before  the  first  day  of  August 
in  each  year,  cause  lists  of  all  persons  assessed  therein  for 
poll  taxes  to  be  prepared  and  conspicuously  posted  in  two 
or  more  public  places  in  every  such  town. 

SECTION  18.  Except  in  Boston,  the  assessors  shall  name 
or  designate  in  such  street  lists  all  buildings  used  as  resi- 
dences, in  their  order  on  the  street  where  they  are  located, 
by  giving  the  number  or  other  definite  description  of  each 
building  so  that  it  can  be  readily  identified,  and  shall  place 
opposite  to  or  under  each  number  or  other  description  of 
a  building  the  name,  age  and  occupation  of  every  person 
residing  therein  on  the  first  day  of  May  of  the  current 
year  and  assessed  for  a  poll  tax,  and  his  residence  on  the 
first  day  of  May  of  the  preceding  year. 

SECTION  19.  If  a  male  person  resident  in  a  city  or 
town,  except  Boston,  on  the  first  day  of  May  was  not  as- 
sessed for  a  poll  tax,  he  shall,  in  order  to  establish  his 
right  to  assessment,  present  to  the  assessors  before  the 
close  of  registration  a  statement  under  oath  that  he  was 


ASSESSMENT   OF   POLL   TAXES,  ETC.  13 

on  said  day  a  resident  of  such  city  or  town  and  liable  to 
pay  a  poll  tax  therein,  and  a  list  under  oath  of  his  polls 
and  estate  and  shall  also  produce  before  the  assessors  two 
witnesses,  who  shall  testify,  under  oath,  that  they  are 
voters  of  the  ward  or  town  in  which  such  person  desires 
to  be  registered  and  that  the  statement  of  the  applicant 
is  true. 

A  male  person  who  becomes  a  resident  of  a  city  or  Certain  per- 
town,  except  Boston,  after  the  first  day  of  May  and  de-  toTedreegis-g 
sires  to  be  registered  as  a  voter  shall  present  to  the  asses-  pereesent°a 
sors  a  statement  under  oath  that  he  has  been  a  resident 
of  such  city  or  town  for  six  months  immediately  preced- 
ing the  election  at  which  he  claims  the  right  to  vote,  and 
shall  produce  before  the  assessors  two  witnesses,  who  shall 
testify  under  oath  that  they  are  voters  of  the  ward  or 
town  in  which  such  person  desires  to  be  registered  and 
that  the  statement  of  the  applicant  is  true.  If  the  asses- 
sors are  satisfied  that  such  statements  are  true,  they  shall, 
in  the  first  case,  assess  such  applicant  for  his  polls  and 
estate  and  give  him  a  certificate  of  assessment,  and  in  the 
second,  give  him  a  certificate  that  he  has  been  a  resident 
in  such  city  or  town  the  six  months  preceding  such  elec- 
tion, and  forthwith  notify  the  registrars  of  voters  of  the 
city  or  town,  if  in  this  commonwealth,  where  such  person 
resided  on  the  first  day  of  May,  that  they  have  given  such 
certificate. 

SECTION  20.    The  assessors,  except  in  Boston,  shall  enter  Records  to  be 
the  name  and  residence  of  each  person  thus  assessed  or  RepL.  n,  §§  s, 
certified  in  a  book  provided  for  that  purpose,  and  opposite  lg-Q2  90  §  L 
$o  each  name,  the  names,  occupations  and  residences  of  1903>  279>  §  16- 
the  persons  who  have  testified  as  above  provided. 

In  every  place  where  voters  are  registered,  the  regis-  Copies  of  sec- 
trars,  in  Boston  the  election  commissioners,  and  in  every  scribin6' 
place  where  oaths   are   administered  as  required  by  this 
chapter,  the  assessors,  shall  post  in  a  conspicuous  place  a 
copy  of  sections  four  hundred  and  twenty  and  four  hun- 
dred and  twenty-two,  printed  on  white  paper  with  black 
ink,  in  type  not  less  than  one  quarter  of  an  inch  wide. 

SECTION"  21.      The  assessors  shall  hold  such  day  and 
such  evening  sessions  as  shall  be  necessary  to  carry  out  the  R-  L.  11,  §  21. 
provisions  of  the  two  preceding  sections. 

SECTION  22.     All  assessments  made  in  accordance  with  Assessments 

,.  .  i      n    i  i   •  ji  ••  c  to  be  subject 

section  nineteen  shall  be  subject  to  the  provisions  of  sec-  to  R.  L.  12, 
tion  seventy-four  of  chapter  twelve  of  the  Revised  Laws  Ul'.  11,  §  22. 


14 


REGISTRARS    OF   VOTERS. 


Names,  etc., 
of  certain  per- 
sons to  be 
sent  to 
registrars  or 
election  com- 
missioners. 


and  shall  be  entered  in  the  tax  list  of  the  collector  of  taxes 
and  be  collected  by  him  according  to  law. 

SECTION  23.  The  city  or  town  clerk  or  registrar  of 
deaths  in  each  city  or  town  shall,  on  the  first  day  of  every 
month,  and  also  two  days  before  every  election,  transmit 
to  the  registrars  of  voters  a  list  of  the  names  of  all  resi- 
dents of  such  city  or  town  of  twenty-one  years  of  age  or 
upwards  who  died  in  the  preceding  month  or  since  the 
date  of  the  list  previously  transmitted,  with  a  statement 
of  the  ward,  street  and  number  therein,  if  any,  where  such 
person  resided  at  his  death.  The  prison  commissioners  of 
Massachusetts,  the  penal  institutions  commissioner  of  Bos- 
ton, the  pauper  institutions  trustees  of  Boston,  and  the 
insane  hospital  trustees  of  Boston  shall,  ten  days  before 
every  state  election  in  Boston,  transmit  to  the  election  com- 
missioners of  Boston  the  names  of  all  male  persons  of 
twenty-one  years  of  age  or  upwards  who  had  a  last  known 
residence  in  Boston,  and  also  ten  days  before  every  city 
election  in  that  city,  the  names  of  all  male  and  female  per- 
sons of  said  age  or  upwards  who  had  such  residence  and 
who,  at  said  respective  dates,  are  inmates  of  the  institu- 
tions under  their  charge,  respectively,  except  those  whose 
terms  of  confinement  expire  before  the  date  of  such  elec- 
tion. Such  commissioners  and  trustees  shall  make  diligent 
inquiry  as  to  the  age  and  residence  of  inmates  of  such 
institutions,  and  shall,  in  the  case  of  those  coming  within 
the  provisions  of  this  section,  transmit  to  the  election  com- 
missioners the  names  and  ages  of  such  persons  and  their 
residences  by  street  and  number,  wherever  it  is  possible 
to  do  so.  The  election  commissioners  shall  thereupon  make 
a  memorandum  in  red  ink  opposite  the  names  of  such  of 
said  persons  as  appear  upon  the  voting  lists,  stating  the 
institutions  in  which  such  persons  are  then  confined,  and 
copies  of  the  voting  lists  containing  such  memoranda  shall 
forthwith  be  sent  by  them  to  the  election  officers. 


REGISTRARS    OF    VOTERS. 


Registrars  in 
certain  cities, 


SECTION  24.     In  every  city,  except  Boston,  which,  by 
vote  of  the  city  council,  approved  by  the  mayor,  accepts 

the  provisions  of  this  section,  or  which  has  accepted  the 
ic?yo,  44y,  §4.  9   p  /»          i «        n  1*1* 

R.  L.  11,  §  24.   corresponding  provisions  of  earlier  laws,  or  which  is  now 

subject  to  similar  provisions  of  law,  there  shall  be  a  board 


REGISTRARS    OF   VOTERS.  15 

of  registrars  of  voters  consisting  of  four  persons  who  shall 
be  appointed  by  the  mayor  with  the  approval  of  the  board 
of  aldermen.  When  a  board  of  registrars  is  first  appointed 
after  the  acceptance  of  the  provisions  aforesaid,  two  regis- 
trars shall  be  appointed  in  March  or  April  next  succeed- 
ing such  acceptance  for  terms  respectively  of  three  and 
four  years,  beginning  with  the  first  day  of  May  next  en- 
suing. The  city  clerk  of  such  city  shall  cease  to  be  a  city  clerk  to 
member  of  the  board  of  registrars  on  such  first  day  of  Sembe^tc*. 
May,  but  the  remaining  two  members  of  the.  existing  board 
of  registrars  of  such  city  whose  terms  do  not  then  expire 
shall  continue  to  hold  office  for  their  respective  terms  of 
one  and  two  years.  In  every  year  succeeding  such  first 
appointments,  the  mayor  shall,  in  March  or  April,  subject 
to  the  approval  of  the  board  of  aldermen,  appoint  one  per- 
son to  be  a  registrar  of  voters  for  the  term  of  four  years, 
beginning  with  the  first  day  of  May  next  ensuing.  The  cierktobe 
board  of  registrars  so  constituted  shall  annually  in  May  elected- 
before  transacting  any  other  business,  elect  one  of  its  mem- 
bers as  clerk,  who  shall  perform  all  the  duties  required  by 
law  of  a  city  clerk  when  acting  as  clerk  of  the  board  of 
registrars. 

SECTION  25.     In  every  city  except  Boston  which  has  Registrar-sin 
not  accepted  the  provisions  of  the  preceding  section  or  of  an^owns!63 
corresponding  provisions  of  earlier  laws,  and  is  not  now  SSfetmentt 
subject  to  similar  provisions  of  law,   and  in  every  town  1? L.'ufi  25. 
having  three  hundred  voters,  as  provided  in  the  following 
section,  there  shall  be  a  board  of  registrars  of  voters  con- 
sisting of  the  city  or  town  clerk  and  three  other  persons 
who  shall,  in  a  city,  be  appointed  by  the  mayor,  with  the 
approval  of  the  aldermen,  and,  in  a  town,  by  a  writing 
signed  by  the   selectmen   and  filed  with  the  town  clerk. 
When  a  board  of  registrars  is  first  appointed,  the  regis- 
trars shall  be  appointed  in  March  or  April  for  terms  re- 
spectively of  one,  two  and  three  years,  beginning  with  the 
first  day  of  May  next  ensuing.    In  March  or  April  in  every 
year   succeeding  the   original   appointment,   one   registrar 
shall  be  appointed  for  the  term  of  three  years,  beginning 
with  the  first  day  of  May  next  ensuing. 

SECTION  26.     In  every  town  having  less  than  three  him-  Registrarsin 
dred  voters  registered  therein  for  the  annual  state  election,  ILL1  i°iw§326. 
the  selectmen  and  the  town  clerk  shall  constitute  a  board 
of  registrars  of  voters ;  but  when  three  hundred  voters  shall 


16 


REGISTRARS    OF   VOTERS. 


Registrars, 
political  rep- 
resentation. 
R.  L.  11,  §  27. 


Equal  repre- 
sentation to 
be  preserved. 
R.  L.  11,  §  28. 


Temporary 

vacancies. 

R.  L.  11,  §  29. 


Registrars, 
oath  of  office, 
compensation. 
R.  L.  11,  §  30. 


be  so  registered,  a  board  of  registrars  shall,  in  the  succeed- 
ing year  be  appointed,  as  provided  in  the  preceding  sec- 
tion, and  shall  continue  to  perform  the  duties  of  registra- 
tion therein  until,  for  three  successive  years,  the  number 
of  voters  shall  be  less  than  three  hundred,  whereupon,  on 
the  first  day  of  May  following  the  annual  state  election 
in  such  third  year,  such  board  shall  cease  to  exist  and 
thereafter  the  selectmen  and  town  clerk  shall  constitute  a 
board  of  registrars  of  voters. 

SECTION  27.  In  the  original  and  in  each  succeeding 
appointment  and  in  the  filling  of  vacancies,  registrars  of 
voters  shall  be  so  appointed  that  the  members  of  the  board 
shall,  as  equally  as  may  be,  represent  the  two  leading 
political  parties  at  the  preceding  state  election,  and  in  no 
case  shall  an  appointment  be  so  made  as  to  cause  a  board 
to  consist  of  more  than  two  members  who,  including  the 
city  or  town  clerk,  are  of  the  same  political  party. 

SECTION  28.  If,  upon  written  complaint  to  the  mayor 
or  to  the  selectmen,  it  shall  appear,  after  notice  and  hear- 
ing, that  the  city  or  town  clerk,  when  a  member  of  the 
board  of  registrars,  and  two  registrars  are  of  the  same  po- 
litical party,  the  mayor  or  selectmen,  as  the  case  may  be, 
shall  remove  from  office  the  one  of  such  two  registrars 
having  the  shorter  term.  If,  upon  like  proceedings,  it 
shall  appear,  after  notice  and  hearing,  that  a  registrar  of 
voters,  other  than  the  city  or  town  clerk,  has  ceased  to  act 
with  the  political  party  which  he  was  appointed  to  repre- 
sent, the  mayor  or  selectmen,  as  the  case  may  be,  shall 
remove  him  from  office. 

SECTION  29.  If  a  member  of  the  board  of  registrars 
shall  be  disabled  by  illness  or  other  cause  from  perform- 
ing the  duties  of  his  office,  or  shall,  at  the  time  of  any 
meeting  of  said  board,  be  absent  from  the  city  or  town, 
the  mayor  or  the  selectmen  may,  upon  the  request  in  writ- 
ing of  a  majority  of  the  remaining  members  of  the  board, 
appoint  in  writing  some  person  to  fill  such  temporary 
vacancy,  who  shall  be  of  the  same  political  party  as  the 
member  whose  position  he  is  appointed  to  fill.  Such  tem- 
porary registrar  shall  perform  the  duties  and  be  subject  to 
the  requirements  and  penalties  provided  by  law  for  a  reg- 
istrar of  voters. 

SECTION  30.  The  registrars  and  assistant  registrars 
hereinafter  provided  for  shall,  before  entering  upon  their 


REGISTRARS   OF   VOTERS.  17 

official  duties,  each  take  arid  subscribe  an  oath  faithfully 
to  perform  the  same.  They  shall  receive  such  compensa- 
tion for  their  services  as  the  city  council  or  selectmen  may 
determine;  but  such  compensation  shall  not  be  regulated 
by  the  number  of  names  registered  by  them,  and  a  reduc- 
tion of  compensation  shall  apply  only  to  registrars  ap- 
pointed thereafter.  The  city  council  or  selectmen  shall  °t^etorob0em' 
provide  office  room  for  the  registrars,  and  such  aid  as  they  provided. 
may  need.  The  city  or  town  clerk,  when  a  member  of  the 
board  of  registrars,  shall  act  as  clerk  thereof,  shall  keep  a 
full  and  accurate  record  of  its  proceedings  and  shall  cause 
such  notices  as  the  registrars  may  require  to  be  properly 
served  or  posted. 

SECTION   31.      Each  registrar  shall,   unless  sooner  re-  Registrars, 
moved,  hold  his  office  for  the  term  for  which  he  is  ap-  RrL.°n?§3eL 
pointed  and  until  his  successor  is  appointed  and  qualified. 

SECTION  32.     A  city  council,  except  in  the  city  of  Bos-  Assistant 
ton,  may  authorize  the  registrars  to  appoint  assistant  reg-  dfies^except 
istrars  for  the  term  of  one  year,  beginning  with  the  first  appointment, 
day  of  October,  unless  sooner  removed  by  the  registrars,  Rtc-L  n  §  32 
and  they  shall,  as  nearly  as  may  be,  equally  represent  the 
different  political  parties. 

SECTION  33.     The  registrars  in  a  city  authorizing  the  powers  and 
appointment  of  assistant  registrars  may  cause  the  duties  R^L68!?,1  §' 33. 
devolving  upon  a  single  registrar  to  be  performed  by  one 
or  two  assistant  registrars,   and  they  may  designate  two 
assistant  registrars,  so  far  as  practicable  of  different  politi- 
cal parties,  for  the  sessions  required  by  law  to  be  held 
outside  of  their  principal  office.     The  registrars  shall  make  Registrars  to 
suitable  regulations  for  the  government  of  the  assistant  Jions6,  etc!'1*' 
registrars,  whose  doings  shall  be  subject  to  their  revision 
and  acceptance.     Assistant  registrars  shall  be  subject  to 
the  same  obligations  and  penalties  as  registrars.     Regis- 
trars may  remove  an  assistant  registrar,  and  may  fill  any 
vacancy  in  the  number  of  assistant  registrars  for  the  re- 
mainder of  the  term. 

SECTION  34.     ^"o  person  shall  be  appointed  a  registrar  Registrars, 
or  assistant  registrar  who  is  not  a  voter  of  the  city  or  town  JScl  othe? 
for  which  he  is  appointed,  who  holds  an  office  by  election   jpifh,  §  34. 
or  appointment  under  the  government  of  the  United  States 
or  of  the  commonwealth,  except  as  a  justice  of  the  peace, 
notary  public,  or  an  officer  of  the  state  militia,  or  who  holds 
an  office  in  the  city  or  town  for  which  he  is  appointed  either 


18 


REGISTRATION   OF   VOTERS. 


by  election  or  by  direct  appointment  of  the  mayor  or  of 
the  selectmen.  The  acceptance  by  a  registrar  or  assistant 
registrar  of  an  office  which  he  is  prohibited  from  holding 
shall  vacate  his  office  as  registrar  or  assistant  registrar. 


Rooms  for 
registration. 
R.  L.  11.  §  35. 


Sessions  of 
registrars. 
R.  L.  11,  §  36. 
1903,  454. 
1907,  429,  §  4. 


Session  to  be 
held  preced- 
ing first 
primary  or 
caucus. 


Sessions  in 
cities. 


Sessions  in 
towns. 


Sessions  to  be 
held  in  certain 
villages  or 
localities  upon 
petition. 


REGISTRATION    OF    VOTERS. 

SECTION  35.  Every  city  and  town  shall  provide  the 
registrars  with  suitable  rooms  in  which  to  hold  their  offi- 
cial sessions. 

SECTION  36.  The  registrars  shall  hold  such  day  and 
such  evening  sessions  as  the  town  by  a  by-law  or  the  city 
by  an  ordinance  shall  prescribe,  and  such  other  sessions  as 
they  deem  necessary. 

They  shall  hold  at  least  one  session  at  some  suitable  and 
convenient  place  in  every  city  or  town  on  or  before  the 
Saturday  last  preceding  the  first  caucus  or  primary  pre- 
ceding the  annual  state  election,  to  give  an  opportunity 
to  qualified  voters  to  register. 

In  cities,  they  shall  hold  a  continuous  session  from  twelve 
o'clock  noon  until  ten  o'clock  in  the  evening  on  the  twen- 
tieth day  preceding  the  annual  state  election,  and  a  like 
continuous  session  on  the  twentieth  day  preceding  the  an- 
nual city  election. 

In  towns,  they  shall  hold  a  continuous  session  from 
twelve  o'clock  noon  until  ten  o'clock  in  the  evening  on  the 
Saturday  last  but  one  preceding  the  annual  state  election, 
and  a  like  continuous  session  on  the  Saturday  last  but  one 
preceding  the  annual  town  meeting.  In  towns  divided  into 
voting  precincts  they  shall,  not  more  than  twenty  days 
before  the  annual  state  election  and  also  not  more  than 
twenty  days  before  the  annual  town  meeting,  but  in  each 
case  on  or  before  the  last  day  fixed  for  registration,  hold 
at  least  one  session  at  some  suitable  place  within  the  limits 
of  each  voting  precinct.  In  towns  not  divided  into  voting 
precincts,  they  shall,  not  more  than  twenty  days  before 
the  annual  state  election  and  also  not  more  than  twenty 
days  before  the  annual  town  meeting,  but  in  each  case  on 
or  before  the  last  day  fixed  for  registration,  hold  sessions 
in  one  or  more  suitable  places.  If,  in  any  such  town  ten 
or  more  voters  residing  in  or  near  a  village  or  locality  dis- 
tant two  or  more  miles  from  the  usual  place  of  registra- 
tion shall,  not  less  than  eighteen  days  before  the  annual 
state  election  or  the  annual  town  meeting,  file  a  petition 


REGISTRATION    OF   VOTERS.  19 

with  the  town  clerk  stating  that  in  such  village  or  locality 
there  are  at  least  ten  citizens  who  are  entitled  and  desire 
to  be  registered,  the  registrars  shall  hold  a  session  at  some 
suitable  place  in  such  village  or  locality  before  the  last 
day  fixed  for  registration.  The  time  and  place  of  registra- 
tion shall  be  the  same  for  male  and  female  applicants. 

SECTION  37.     In  every  city,  registration  shall  cease  at  when  reris- 

•  i  •11  i*  L  ration  Piiu.ll 

ten  o  clock  in  the  evening  on  the  twentieth  day  preceding  cease. 
the  annual  state  election,  and  at  ten  o'clock  in  the  evening 
on  the  twentieth  day  preceding  the  annual  city  election. 
In  every  town,  registration  shall  cease  at  ten  o'clock  in  the 
evening  on  the  Saturday  last  but  one  preceding  the  annual 
state  election,  and  at  ten  o'clock  in  the  evening  on  the  Sat- 
urday last  but  one  preceding  the  annual  town  meeting. 

SECTION  38.    The  registrars  shall,  in  some  suitable  place,  Registration 
hold  a  continuous  session  from  twelve  o'clock  noon  until  elections? 
ten  o'clock  in  the  evening,  on  the  fourth  day,  or  in  Boston  R'  L>  n>  §  38' 
on  the  seventh  day,  preceding  a  special  election.     Regis- 
tration shall  cease  at  ten  o'clock  in  the  evening  of  the  day 
on  which  such  session  is  held. 

SECTION  39.  If  the  final  day  for  registration  of  voters  Registration 
falls  on  Sunday  or  on  a  holiday,  the  day  preceding  such  day  fails  on 
Sunday  or  holiday  shall  be  the  final  day  for  such  registra-  holiday  °r  a 

tion.  R.L.11.S39. 

SECTION  40.     Any  registrar  may,  at  a  place  appointed  may  ermine 
for  registration,  on  the  days  and  during  the  hours  desig-  applicants, 
nated  for  the  purpose,   receive  applications  for  registra-  R-  L.  11,  §  40. 
tion  and  examine  applicants  and  witnesses  under  oath  ; 
but  all  doings  of  one  registrar  shall  be  subject  to  the  re- 
vision and  acceptance  of  the  board. 

SECTION  41.     The  registrars  shall  not,  after  ten  o'clock  Not  to  enter 
in  the  evening  of  a  day  on  which  registration  is  to  cease, 


register  any  person  as  a  voter  until  after  the  next  election,  tratfon* 

but  they  may  enter  or  correct  upon  the  registers  the  names  RC'L.  n,  §  41. 

of  persons  whose  qualifications  as  voters  have  been  ex- 

amined between  the  preceding  thirtieth  day  of  April  and 

the  close  of  registration.      They  shall,  in  every  case,  re- 

quire the  vote  by  virtue  of  which  such  entry  or  correction 

is  made  to  be  attested  by  their  clerk. 

SECTION  42.     They  shall  post  or  publish  notices  stating  Notices  of 
the  places  and  hours  for  holding  all  sessions,  the  final  ses-  registration, 
sions  preceding  any  election,  and  that  after  ten  o'clock  in  RC'L.  11,  §  42. 
the  evening  of  the  last  day  fixed  for  registration  they  will 


20 


REGISTRATION   OF   VOTERS. 


Records  to  be 
kept  in         , 


not,  until  after  the  next  election,  add  any  name  to  the 
registers  except  the  names  of  voters  examined  as  to  their 
qualifications  between  the  preceding  thirtieth  day  of  April 
and  the  close  of  registration. 

SECTION  43.  They  shall  keep  in  general  registers,  rec- 
orc^s  °^  a^  Persons7  male  and  female,  registered  as  quali- 
R.  L.  i,  §  43.  fied  to  vote  in  the  city  or  town.  They  shall  enter  therein 
the  name  of  every  such  voter  written  in  full,  or  instead 
thereof  the  surname  and  first  Christian  name  or  that  name 
by  which  he  is  generally  known,  written  in  full,  and  the 
initial  of  every  other  name  which  he  may  have,  and  also 
his  age,  place  of  birth  and  residence  on  the  preceding 
first  day  of  May  or  at  the  time  of  becoming  an  inhabitant 
of  the  city  or  town  after  said  day,  the  date  of  his  registra- 
tion and  his  residence  at  such  date,  his  occupation  and 
the  place  thereof,  the  name  and  location  of  the  court  which 
has  issued  to  him  letters  of  naturalization  and  the  date 
thereof,  if  he  is  a  naturalized  citizen,  and  any  other  par- 
ticulars necessary  fully  to  identify  him. 

The  general  registers  shall  have  uniform  headings  in 
substantially  the  following  form,  and  blank  books  suitable 
for  the  purpose  shall  be  provided  by  the  secretary  of  the 
commonwealth,  at  cost,  to  registrars  applying  for  them. 


Blank  books 
to  be  fur- 
nished. 


Form. 


'A 


«K. 

r 


B™ 


at  Date 
ration. 


Annual  regis- 
ter, entries, 
arrangement, 
etc. 
R.  L.  11,  §  44. 


SECTION  44.  The  registrars  shall,  after  the  first  day  of 
May,  prepare  an  annual  register  containing  the  names  of 
all  qualified  voters  in  such  city  or  town  for  the  current 
year,  beginning  with  such  first  day  of  May.  Such  names 
shall  be  arranged  in  alphabetical  order,  and,  opposite  to 
the  name  of  each  voter,  his  residence  on  the  preceding  first 
day  of  May  or  on  any  subsequent  day  when  he  became  an 
inhabitant  of  the  city  or  town.  The  registrars  shall  enter 
in  the  annual  register  every  name  contained  in  the  lists 
of  persons  assessed  for  a  poll  tax  for  the  current  year,  as 
transmitted  to  them  by  the  assessors,  giving,  as  the  resi- 


REGISTRATION   OF   VOTERS.  21 

dence  of  each  person  on  the  first  day  of  May,  the  place  at 
which  he  was  assessed  a  poll  tax;  and  likewise  the  name 
and  residence,,  as  aforesaid,  of  every  woman  voter  whose 
name  is  contained  in  the  list  of  women  voters  transmitted 
to  them,  as  provided  in  section  sixteen:  provided,  that  in  Proviso, 
every  case  they  are  able  to  identify  the  name  so  trans- 
mitted to  them  as  that  of  a  man  or  woman  whose  name 
was  borne  on  the  voting  list  of  such  city  or  town  at  the 
last  preceding  election  or  town  meeting.  They  shall  make  Registrars  to 

-.,...  i    .•  ....  •  i       j.  •  r«  i     make  in- 

all  inquiries  and  investigations  necessary  to  identity  such  quiries,  m- 

person,  and  they  shall  not  enter  in  the  annual  register  the 
name  of  a  person  objected  to  by  any  registrar  until  such 
person  has  been  duly  notified  and  given  an  opportunity 
to  be  heard  by  them.  They  shall  forthwith  enter  in  the 
annual  register  the  name  of  every  person  whose  qualifica- 
tions as  a  voter  have  been  determined  by  them  in  the  cur- 
rent year  and  whose  name  has  accordingly  been  entered 
in  the  general  register.  They  shall  annually,  before  the  TO  transmit 

fi  T  c    -\/r  •.     ^       n  T    ,        r    ^        to  assessors 

first  day  of  May,  transmit  to  the  assessors  a  list  of  the  lists  of 
women  whose  names  are  contained  upon  the  register  of  Ttc"161      ers> 
voters,  with  their  residences,  as  they  appear  on  the  register 
of  the  preceding  year. 

SECTION  45.    Every  person,  male  or  female,  whose  name  Registration, 
has  not  been  entered  in  the  annual  register  in  accordance 
with  the  preceding  section  must,  in  order  to  be  registered 
as  a  voter,  apply  in  person  for  registration  and  prove  that  R>  L-  n>  §  45> 
he  is  qualified  to  register. 

SECTION  46.     Every  male  applicant  for  registration,  ex-  Male  appii- 
cept  in  Boston,  whose  name  has  not  been  transmitted  to  sen t  taxPb?n 
the  registrars  as  provided  in  section  sixteen  shall  present  a  ^certificate, 
tax  bill  or  notice  from  the  collector  of  taxes,  or  a  certifi-  1963' 279  V&; 
cate  from  the  assessors  showing  that  he  was  assessed  as  a  igo6§29i'  §  is 
resident  of  the  city  or  town  on  the  preceding  first  day  of 
May,  or  a  certificate  that  he  became  a  resident  therein  at 
least  six  months  preceding  the  election  at  which  he  claims 
the  right  to  vote,  and  the  same  shall  be  prima  facie  evi- 
dence of  his  residence.     In  Boston  every  such  applicant 
whose  name  has  not  been  transmitted  to  the  election  com- 
missioners as  provided  by  law  shall  present  a  certificate 
from  the  listing  board  as  provided  by  law,  and  the  same 
shall  be  prima  facie  evidence  of  his  residence. 

SECTION  47.     The  registrars  shall  examine  under  oath  Applicants  for 

.  .  ,.  ,.  , .  n  registration  to 

an  applicant  tor  registration  relative  to  his  qualifications  be  examined 

•i      -,     v i  ii«  11  i        •       i    under  oath, 

as  a  voter,  and  shall,  unless  he  is  prevented  by  physical  etc. 


22 


REGISTRATION   OF   VOTERS. 


R.  L.  11,  §  47. 
1903,  474, §  2. 


Registrars  to 
be  provided 
with  constitu- 
tion slips. 


Applicant  to 
read  from 
slip  drawn 
from  box. 


No  person  to 
be  registered 
who  fails  to 
read  slip,  etc. 


Registration 

of  naturalized 

citizens. 

R.  L.  11,  §  48. 


Registration 

of  minors. 

R.  L. 11,  §  49. 


Applicants  to 
be  notified  of 
rejection,  etc. 
R.  L.  11,  §  50. 


disability,  or  unless  he  had  the  right  to  vote  on  the  first 
day  of  May  in  the  year  eighteen  hundred  and  fifty-seven, 
require  him  to  write  his  name  in  the  general  register  and 
to  read  in  such  manner  as  to  show  that  he  is  neither 
prompted  nor  reciting  from  memory.  Eegistrars  shall  be 
provided  by  the  secretary  of  the  commonwealth  with  a  copy 
of  the  constitution  of  the  commonwealth  printed  on  uni- 
form pasteboard  slips,  each  containing  five  lines  of  said 
constitution  printed  in  double  small  pica  type.  The  regis- 
trars shall  place  said  slips  in  the  box  provided  by  the 
secretary  of  the  commonwealth,  which  shall  be  so  con- 
structed as  to  conceal  them  from  view.  Each  applicant 
shall  be  required  to  draw  one  of  said  slips  from  the  box 
and  read  aloud  the  five  lines  printed  thereon,  in  full  view 
and  hearing  of  the  registrars.  Each  slip  shall  be  returned 
to  the  box  immediately  after  the  test  is  finished,  and  the 
contents  of  the  box  shall  be  shaken  up  by  a  registrar  before 
another  draAving  is  made.  No  person  failing  to  read  the 
constitution  as  printed  on  the  slip  thus  drawn  shall  be 
registered  as  a  voter.  The  registrars  shall  keep  said  slips 
in  said  box  at  all  times.  The  secretary  of  the  common- 
wealth shall  upon  request  provide  new  slips  to  replace 
those  worn  out  or  lost. 

SECTION  48.  If  an  applicant  for  registration  is  a  nat- 
uralized citizen,  the  registrars  shall  require  him  to  produce 
for  inspection  his  papers  of  naturalization,  and  to  make 
oath  that  he  is  the  identical  person  named  therein,  and 
shall,  if  satisfied  that  the  applicant  has  been  legally  nat- 
uralized, make  upon  his  papers  a  memorandum  of  the 
date  of  such  inspection.  If  papers  of  naturalization  have 
once  been  examined  and  record  thereof  made  in  the  gen- 
eral register,  the  registrars  need  not  again  require  their 
production. 

SECTION  49.  If,  upon  examination,  the  registrars  are 
satisfied  that  an  applicant  for  registration  has  all  the 
qualifications  of  a  voter,  except  that  of  age,  and  that  he 
will  on  or  before  the  day  of  the  next  election  or  town 
meeting,  attain  full  age,  they  shall  place  his  name  upon 
the  registers. 

SECTION  50.  If  the  registrars  decline  to  register  the 
name  of  a  person  examined  for  registration  and  reported 
to  them  therefor  by  a  registrar,  they  shall  notify  him  of 
their  refusal,  and  give  him  a  reasonable  opportunity  to  be 


REGISTRATION    OF   VOTERS.  23 

heard  by  them  upon  his  application.  They  shall  upon  the 
rejection  of  an  applicant  forthwith  inform  him  of  such 
rejection. 

SECTION  51.     The  registrars  shall,  from  time  to  time,  Revision  and 

T  -.  .    .  i    ji  correction -of 

revise  and  correct  the  general  register  and  the  current  an-  registers. 
nual  register  in  accordance  with  any  facts  which  may  be  f^;  lyi.Ys: 
presented  to  them.  They  shall  strike  therefrom  the  name 
of  every  deceased  person  which  has  been  transmitted  to 
them  by  the  city  or  town  clerk  or  the  registrar  of  deaths 
in  accordance  with  section  twenty-three ;  but  after  the  name 
of  a  voter  has  been  placed  upon  the  current  annual  regis- 
ter, they  shall  not  change  the  place  of  residence  as  given 
thereon,  nor,  unless  the  voter  has  deceased,  strike  such 
name  therefrom,  until  they  have  sent  him  a  notice  of  their 
intention  so  to  do  and  that  he  may  be  heard  on  a  certain 
day  named  therein. 

SECTION  52.  If  a  registered  voter  complains  to  the  reg-  illegal  or 
istrars  or  election  commissioners,  in  writing  under  oath  regSt^ation. 
in  a  city  fourteen  days  at  least,  or  in  a  town  four  days  at  f^;  \\'^§5l: 
least,  before  an  election  or  town  meeting,  that  the  com- 
plainant has  reason  to  believe  and  does  believe  that  a  cer- 
tain person  by  him  therein  named  has  been  illegally  or  in- 
correctly registered,  and  setting  forth  the  reasons  for  such 
belief,  the  registrars  or  election  commissioners  shall  ex- 
amine into  such  complaint,  and  if  satisfied  that  there  is 
sufficient  ground  therefor,  they  shall  summon  the  person 
complained  of  to  appear  before  them  at  a  certain  place 
and  time  before  the  next  election  or  town  meeting  to  an- 
swer to  the  matters  set  forth  in  the  complaint,  and  the 
substance  of  the  complaint  and  a  copy  of  this  and  the  fol- 
lowing section  shall  be  set  forth  in  the  summons.  Service  Service  of 
of  the  summons  shall  be  made  by  an  officer  qualified  to 
serve  civil  or  criminal  process,  not  more  than  fourteen  nor 
less  than  two  days  before  the  day  named  for  appearance, 
by  delivering  in  hand  a  copy  of  the  summons  to  the  per- 
son therein  summoned,  or  by  leaving  it  at  the  place  of 
alleged  illegal  or  incorrect  registration,  if  no  later  resi- 
dence of  such  person  appears  on  the  register,  and  in  that 
event  at  such  later  residence  if  the  officer  finds  that  such 
person  resides  at  such  place  or  later  residence,  as  the  case 
may  be,  or  if  he  was  formerly  there  and  has  changed  his 
residence,  then  by  leaving  it  at  the  place  to  which  he  has 
moved,  if  it  is  within  the  officer's  jurisdiction  and  can  be 


REGISTRATION   OF   VOTERS. 


Examination 

of  persons, 

etc. 

R.  L.  11,  §§8, 

53. 

1903,  474,  §  5. 


Notice  of 
error  to  be 
transmitted 
to  assessors. 
R.  L. 11,  §  54. 
1903,  279, §  19. 


ascertained  by  inquiry  at  such  place  or  later  residence ; 
but  if  the  officer  cannot  make  personal  service,  and  can- 
not ascertain  the  residence  of  the  person  complained  of, 
the  copy  of  the  summons  shall  be  left  at  such  person's  last 
residence,  if  any,  known  to  the  officer  within  his  jurisdic- 
tion; and  the  officer  shall  return  the  summons  to  the  reg- 
istrars or  election  commissioners  before  the  day  named 
for  appearance,  with  the  certificate  of  his  doings  indorsed 
thereon. 

SECTION  53.  If  a  person  summoned  before  the  regis- 
trars or  election  commissioners  to  answer  to  such  com- 
plaint appears  before  them,  they  shall  examine  him  under 
oath,  and  shall  receive  other  evidence  which  may  be  offered 
in  regard  to  the  matters  set  forth  in  the  complaint,  and  if 
satisfied  that  he  is  properly  registered  as  a  qualified  voter 
they  shall  enter  in  the  register  a  statement  of  their  deter- 
mination upon  the  facts  required  for  registration.  If  the 
registrars  or  election  commissioners  are  satisfied  that  he 
is  not  a  qualified  voter  in  the  city  or  town,  they  shall  strike 
his  name  from  the  register.  If  they  are  satisfied  that,  al- 
though he  is  a  qualified  voter  in  the  city  or  town,  he  is 
illegally  or  incorrectly  registered  in  a  ward  or  voting  pre- 
cinct other  than  the  ward  or  voting  precinct  in  which  he  is 
required  to  be  registered  as  provided  in  section  fourteen, 
and  are  satisfied  as  to  which  ward  or  voting  precinct  he  is 
so  required  to  be  registered  in,  and  as  to  his  place  of  resi- 
dence in  such  wrard  or  voting  precinct,  they  shall  change 
his  place  of  residence  as  given  on  the  register  accordingly. 
If  a  person  duly  summoned  as  aforesaid  does  not  appear 
as  directed  in  the  summons,  the  complainant  shall  produce 
sufficient  testimony  to  make  out  a  prima  facie  case,  and  if 
this  is  done  the  name  of  the  person  complained  of  shall  be 
stricken  from  the  register;  but  if  such  person  appears  be- 
fore the  registrars  or  election  commissioners  before  the 
election  or  town  meeting  next  ensuing  and  shows  sufficient 
cause  for  his  failure  earlier  to  appear,  the  hearing  shall 
be  reopened  and  the  matter  decided  on  its 'merits,  as  de- 
termined from  the  evidence  presented  on  both  sides.  The 
complainant  and  the  person  complained  of  may  be  repre- 
sented by  counsel,  and  all  witnesses  may  be  cross-exam- 
ined. 

SECTION  54.  The  registrars  shall  promptly  transmit  to 
the  assessors  of  the  city  or  town  notice  of  every  error 
which  they  shall  discover  in  the  name  or  residence  of  a 


VOTING   LISTS.  25 

person  assessed  therein.      The  provisions  of  this  section 
shall  not  apply  to  Boston. 

SECTION  55.     The  registrars  or  election  commissioners  sessions  for 
shall  perform  their  duties   in   open  session,   and  not  se-  STreSSS'  to 
cretly.     They  shall  distinctly  announce  the  name  of  every  }£b£e.n  f 
applicant  for  registration  before  entering  his  name  on  the  R5- L-  n»  §§  8« 
general  register.     Their  records  shall  at  suitable  times  be 
open  to  public  inspection. 

SECTION   56.     All  written  complaints  and  certificates  Documents  to 
received  by  the  registrars,  or  election  commissioners,  and  forPtwoeye!rs. 
all  other  documents  in  their  custody  relative  to  registra-  R6' L*  n>  §§  8> 
tion,  shall  be  preserved  by  them  for  two  years  after  the 
respective  dates  thereof. 

SECTION  57.     A  registrar  or  election  commissioner  shall  0fl0rd!?aetCc 
have   authority   to   enforce   regularity   in   all   proceedings  R,-  L.  n',  §§  8, 
before  him,  and  to  maintain  order  in  and  about  the  place 
where  a  session  is  held,   or  applications  for  registration 
are  received,  and  to  keep  the  access  thereto  open  and  un- 
obstructed. 

SECTION  58.     The  board  of  police  or  officer  in  charge  police  officers 
of  the  police  force  of  a  city  or  town  shall,  when  requested  R.  Lenm|S58. 
by  the  registrars  or  election  commissioners,  detail  a  suffi- 
cient number  of  police  officers  to  attend  any  meeting  held 
by  a  registrar  in  the  performance  of  his  duties,  and  to 
preserve  order  and  enforce  his  directions. 

SECTION  59.     The  governor,  with  the  advice  and  con-  supervisors 
sent  of  the  council,  shall,  on  the  petition  of  not  less  than  jfon^ppSnt- 
ten  qualified  voters  of  a  city  or  town,  appoint  for  a  term  R^'ii0^  59 
of  one  year,  two  supervisors  of  registration  for  each  place 
of  registration  therein,  one  from  each  of  the  two  leading 
political  parties.     They  shall  attend  all  sessions  or  meet- 
ings for  registration  held  at  the  places  for  which  they  are 
appointed,  and  either  of  them  may  attach  to  any  book  or 
papers  there  used  for  purposes  of  registration  any  state- 
ment  touching  the   truth   or  fairness   of  the  proceedings 
which  he  may  deem  proper,  and  may  add  thereto  his  sig- 
nature or  other  marks  for  the  purpose  of  identification. 

VOTING    LISTS. 

SECTION  60.    ^Registrars  or  election  commissioners  shall,  JUSStaT*"1 

from  the  names  entered  in  the  annual  register  of  voters,  arrangement, 

prepare  voting  lists  for  use  at  the  several  elections  to  be  R/L.  n,  §§s, 
held  therein.     In  such  voting  lists,  they  shall  place  the 


26 


VOTING   LISTS. 


names  of  all  voters  entered  on  the  annual  register,  and  no 
others,  and  opposite  to  the  name  of  each,  his  residence  on 
the  preceding  first  day  of  May  or  at  the  time  of  his  becom- 
ing an  inhabitant  of  such  place  after  said  day,  and  in 
Boston  the  age  of  each  male  voter  therein.  They  shall 
enter  the  names  of  women  voters  in  separate  columns  or 
lists.  In  cities,  they  shall  prepare  such  voting  lists  by 
wards,  and  if  a  ward  or  a  town  is  divided  into  voting  pre- 
cincts, they  shall  prepare  the  same  by  precincts,  in  alpha- 
betical order,  or  by  streets,  except  that  in  Boston,  the  vot- 
ing lists  shall  be  prepared  by  streets.  In  all  wards  within 
any  Suffolk  senatorial  district,  except  in  Boston  and  Chel- 
i902i(348  512  sea>  ^e  registrars  shall,  annually  after  the  closing  of  reg- 
istration and  before  the  annual  state  election,  make,  by 
wards  or  precincts,  as  the  case  may  be,  street  lists  of  voters 
to  be  used  as  the  voting  list  at  elections.  Names  shall  be 
added  thereto  or  taken  therefrom  as  persons  are  found 
qualified  or  not  qualified  to  vote.  The  said  lists  shall  be 
in  the  following  form :  — 


Street  lists  in 
wards  within 
certain  Suffolk 
senatorial 


.Street. 


Form. 


NAME  OF  VOTER. 

Residence,  Number 
or  Other  Desig- 
nation, May  1,  of  the 
Year  of  Election. 

Length  of 
Residence  in  City. 

PERSONAL 
DESCRIPTION. 

Si 

•< 

i 

2 

« 
a 

tc 

i 

SrSfn voters        SECTION  61.     They  shall  place.at  the  end  of  the  voting 

at  end1?? ei?st    ^sts  °^  eac^  wai>d>  voting  precinct  or  town  to  be  used  at  a 

R.  L.  11,  §  ei.  state  election,  under  a  proper  heading,  the  names  of  all 

persons  who,  by  changes  in  city  or  town  boundaries,  are 

not  entitled  to  vote  for  the  whole  number  of  officers  to  be 

chosen. 

votSmggiisL.  SECTION  62.     They  shall,  at  least  twenty  days  before 

R.  L.  11,  §  62.  the  annual  city  or  town  election,  and  in  every  place  except 
Boston,  at  least  thirty  days  before  the  annual  state  elec- 
tion, and  in  Boston,  except  in  the  years  designated  for 
preparing  new  general  registers,  twenty-four  days  at  least 
before  the  annual  state  election,  cause  copies  of  the  voting 
lists  prepared  in  accordance  with  the  two  preceding  sec- 
tions to  be  posted  in  their  principal  office  and  in  one  or 
more  other  public  places  in  the  city  or  town,  and  in  each 
precinct  therein. 


VOTING   LISTS.  27 


SECTION  63.  After  the  voting  lists  have  been  posted, 
registrars  shall,  within  forty-eight  hours  after  a  new  name 
has  been  added  to  the  annual  register,  cause  it  to  be  added  R.  L.  11,  §  63. 
to  the  lists  posted  in  their  principal  office.  If  a  city  or 
town  shall  authorize  the  registrars  to  publish  the  names 
added  to  the  register,  they  may,  instead  of  posting  them, 
cause  all  additional  names  to  be  printed  in  a  newspaper 
published  in  the  city  or  town,  if  any,  otherwise  in  a  news- 
paper published  in  the  county  in  which  such  city  or  town 
is  situated.  In  the  years  designated  for  preparing  new  gen- 
eral registers  in  Boston,  the  election  commissioners  shall 
as  often  as  once  in  each  week  during  the  period  of  such 
general  registration  cause  to  be  printed  in  some  newspaper 
published  in  said  city  such  names,  as  near  as  may  be,  as 
shall  have  been  placed  upon  the  general  registers  during 
the  six  days  last  preceding  the  date  of  such  publication. 

SECTION  64.     Registrars  shall,  on  the  day  of  an  elec-  Certificate  to 
tion,  give  to  a  voter  whose  name  has  been  omitted  from  the  MM  ofomU 
voting  list,  or  in  whose  name  or  residence,  as  placed  on  R0L°iie,r§°64. 
the  voting  list,  a  clerical  error  has  been  made,  a  certifi- 
cate of  his  name  and  residence,  as  stated  on  the  annual 
register,  signed  by  the  registrars  or  a  majority  of  them. 
On  presentation  thereof  to  the  presiding  election  officer  Proceedings 
of  the  ward,  voting  precinct  or  town  in  which  the  voter 
was  registered,  he  shall  be  allowed  to  vote,  and  his  name 
shall  be  checked  on  the  certificate,  which  shall  be  attached 
to  and  considered  a  part  of  the  voting  list  and  returned 
and  preserved  therewith. 

SECTION   65.      They  shall,   before   every   election    and  J^JSllJ?*8 

meeting;  in  a  city  or  town  at  which  voting*  lists  may  be  Polis-  ,  , 

.     T  J  .  ?  ^     ,    R.  L.  11,  §  65. 

required  to  be  used,  prepare  voting  lists  for  each  ward,  1906,  444,  §  7. 

voting  precinct  or  town  in  which  such  election  or  meeting 
is  to  be  held,  containing  the  names  and  residences  of  all 
persons  qualified  to  vote  therein,  as  the  same  appear  upon 
the   annual   register,   and  they   shall   seasonably  transmit 
the  same  to  the  election  officers  in  every  such  precinct, 
ward  or  town.     Such  voting  lists  shall  be  in  duplicate  for  TO  be  in 
all   elections   and   meetings   at   which   duplicate   lists   are  duphc 
required  to  be  used.     In  Boston  a  copy  of  the  voting  list  in  Boston 
for  each  precinct  required  to  be  made  by  section  eighty-  furnished  for 
six  shall  also  be  furnished  by  the  board  of  election  com-  officer.P° 
missioners   at  each  primary  and  at  each  election  to  the 
warden  in  charge  of  each  polling  place  for  the  use  of  the 


28 


VOTING   LISTS. 


Returns  of 
assessed  polls, 
registered 
voters,  etc. 
R.  L.  11,  §  66. 


In  cities 
where  city 
clerk  is  not  a 
member  of 
board  of 
registrars. 


Voting  list  for 
use  at  caucus. 
R.  L.  11,  §  67. 


List  of  voters 
before  a  re- 
division  of  a 
city  into 
wards,  etc. 
R.  L.  11,  §  68. 


police  officer  in  such  polling  place.  Said  list  shall  not  be 
removed  from  the  polling  place  and  shall  be  returned  to 
the  warden  immediately  after  the  close  of  the  polls,  and 
he  shall  immediately  transmit  the  same  to  the  board  of 
election  commissioners  according  to  the  provisions  of  sec- 
tion two  hundred  and  seventy-two. 

SECTION  66.  They  shall  forthwith,  after  the  final  day 
for  registration  before  an  annual  state,  city  or  town  elec- 
tion, certify  to  the  secretary  of  the  commonwealth  the 
number  of  assessed  polls,  the  number  of  registered  male 
and  female  voters  in  the  city  or  town,  and  in  each  ward 
and  precinct  therein,  and  the  number  of  persons  who  by 
law  are  entitled  to  vote  for  a  part  only  of  the  whole  num- 
ber of  officers  to  be  chosen  at  a  state  election  in  such 
city  or  town  and  in  each  ward  and  precinct  therein,  with 
the  titles  of  the  officers  for  whom  such  persons  are  en- 
titled to  vote. 

In  cities  in  which  the  city  clerk  is  not  a  member  of 
the  board  of  registrars,  the  registrars  shall  likewise,  after 
the  last  day  for  registration  for  a  city  election,  certify 
to  the  city  clerk  the  number  of  registered  male  and  fe- 
male voters  in  the  city,  and  in  each  ward  and  voting- 
precinct  therein. 

SECTION  67.  When  a  caucus  is  called  the  registrars 
shall,  on  request  of  the  chairman  of  the  ward  or  town 
committee  of  the  party  whose  caucus  is  to  be  held  or  of 
the  person  designated  to  call  the  caucus  to  order,  furnish 
him  for  use  in  the  caucus  a  certified  copy  of  the  voting  list 
of  the  town,  or  of  the  ward  of  the  city  for  which  the  caucus 
is  to  be  held,  as  last  published,  adding  thereto  the  names 
of  voters  registered  since  such  publication. 

SECTION  68.  The  registrars  in  every  city,  after  the 
annual  city  election  in  the  year  nineteen  hundred  and 
fourteen,  and  in  every  tenth  year  thereafter,  shall,  for 
the  purpose  of  furnishing  to  the  city  council  and  the  board 
of  aldermen  the  information  necessary  for  a  new  division 
of  the  city  into  wards  and  voting  precincts,  deliver  to  the 
city  clerk  before  the  tenth  day  of  February  then  next 
ensuing  a  list  of  all  male  voters  therein  who  were  reg- 
istered for  such  city  election,  which  shall  be  so  arranged 
as  to  show  the  number  of  such  voters  residing  in  each 
lot  or  block  surrounded  by  streets  within  the  limits  of 
such  city  or  within  any  other  subdivision  thereof,  which 
the  city  council  or  board  of  aldermen  may,  before  the  first 


REGISTRATION,  ETC.,  IN   BOSTON.  29 

day  of  February,  designate.  The  registrars  shall  like- 
wise in  any  other  year,  upon  request  of  the  board  of 
aldermen,  furnish,  for  the  purpose  of  dividing  the  ward 
into  voting  precincts,  a  list  of  the  male  voters  of  any  ward 
in  the  city,  arranged  as  aforesaid. 


LISTING   AND    REGISTRATION    OF   VOTERS    IN    BOSTON. 

SECTION  69.  In  Boston  there  shall  be  a  listing  board  ^s 
composed  of  the  police  commissioner  of  said  city  and  one  JgJk££' 
member  of  the  board  of  election  commissioners,  who  shall  1906, 291,  §  is. 
annually  be  appointed  by  the  mayor,  without  confirmation 
by  the  board  of  aldermen,  for  the  term  of  one  year  and 
who  shall  belong  to  that  one  of  the  two  leading  political 
parties  of  which  said  police  commissioner  is  not  a  mem- 
ber. In  case  of  disagreement  between  the  two  members 
of  said  board,  the  chief  justice  of  the  municipal  court  of 
the  city  of  Boston,  or,  in  case  of  his  disability,  the  senior 
justice  of  said  court  who  is  not  disabled,  shall  for  the 
purpose  of  settling  such  disagreement  be  a  member  of  said 
board  and  shall  preside  and  cast  the  deciding  vote,  in  case 
of  a  tie. 

SECTION  70.     The  listing  board  shall,  within  the  first  Jf°^ep^s.ts 
seven  week  days  of  May  in  each  year,  by  itself  or  by  police  sons,  et^.     ^ 
officers  subject  to  the  jurisdiction  of  the  police  commis-  1904;  245!  §  2. 
sioner,  visit  every  building  in  said  city,  and  after  diligent  1906',  291, '§fs; 
inquiry  make  true  lists,  arranged  by  streets,  wards  and  igovfss?'. 
voting  precincts,  and  containing  as  nearly  as  the  board  can 
ascertain,  the  name,  age,  occupation  and  residence  on  the 
first  day  of  May  in  the  current  year,  and  the  residence 
on  the  first  day  of  May  in  the  preceding  year,  of  every 
male  person,  twenty  years  of  age  or  upwards,  who  is  not 
a  pauper  in  a  public   institution,  residing  in  said  city. 
Said  board  shall  designate  in  such  lists  all  buildings  used  useddisgresi- 
as  residences  by  such  male  persons,  in  their  order  on  the  dences  to  be 

r,      ,        ?    .    .  designated, 

street  where  they  are  located,  by  giving  the  number  or  etc. 
other  definite  description  of  every  such  building  so  that 
it  can  be  readily  identified,  and  shall  place  opposite  the 
number  or  other  description  of  every  such  building  the 
name,  age  and  occupation  of  every  such  male  person  re- 
siding therein  on  the  first  day  of  May  in  the  current  year, 
and  his  residence  on  the  first  day  of  May  in  the  preceding 
year.      The  board  shall  also  inquire  at  the  residences  of  Tf°^£fnlists 
the  women  voters  whose  names  are  contained  in  the  list  voters. 


30 


REGISTRATION,  ETC.,  IN   BOSTON. 


Names  of 
informants  to 
be  given,  etc. 


To  correct 
errors  in  lists, 
etc. 


Applications, 
etc.,  to  be 
preserved  for 
two  years. 

To  transmit 
copies  of  lists 
to  electi9n 
commission- 
ers, etc. 

1903,  279,  §  2. 

1904,  245, §  3. 


To  prepare 
printed  copies 
of  lists,  etc. 


transmitted  to  them  by  the  election  commissioners  under 
section  seventy-six  whether  such  women  voters  are  resident 
thereat,  and  shall  thereupon  make  true  lists  of  the  women 
voters  found  by  them. 

The  board  shall  place  in  such  lists,  opposite  the  name 
of  every  such  male  person  or  woman  voter,  the  name  of 
the  inmate,  owner  or  occupant  of  the  building,  or  the 
name  and  residence  of  any  other  person,  who  gives  the 
information  relating  to  such  male  person  or  woman  voter. 
Where  such  information  is  given  by  one  person  relating 
to  more  than  one  such  male  person  or  woman  voter  re- 
siding in  one  building,  ditto  marks  may  be  used  in  such 
lists  under  the  name  of  the  person  giving  the  information, 
after  his  name  has  been  once  placed  opposite  the  name  of 
such  male  person  or  woman  voter  first  written  down  as 
residing  in  such  building. 

The  board  shall,  upon  the  personal  application  of  a 
person  listed  either  upon  the  original  or  supplementary 
lists  for  the  correction  of  any  error  in  their  lists,  or 
whenever  informed  of  any  such  error,  make  due  investi- 
gation, and  upon  proof  thereof  correct  the  same  on  their 
original  or  supplementary  lists,  and  shall  immediately 
notify  the  election  commissioners  of  such  correction,  who 
shall  correct  their  copies  of  said  lists  accordingly  and 
proceed  to  revise  and  correct  the  registers  under  the  provi- 
sions of  section  fifty-one.  The  board  shall  cause  all  appli- 
cations and  affidavits  received  by  them  under  this  section 
to  be  preserved  for  two  years. 

SECTION  71.  The  board  shall,  on  or  before  the  eight- 
eenth day  of  May  in  each  year,  transmit  to  the  election 
commissioners  certified  copies  of  those  parts  of  the  lists 
prepared  as  provided  in  the  preceding  section,  containing 
the  name,  age,  occupation  and  residence  on  the  first  day 
of  May  in  the  current  year,  and  the  residence  on  the 
first  day  of  May  in  the  preceding  year,  of  every  male 
person,  twenty  years  of  age  or  upwards,  residing  in  said 
city,  and  shall  promptly  transmit  to  the  election  com- 
missioners notice  *  of  every  addition  to  and  correction  in 
the  lists  made  by  them.  The  board  shall  furnish  all  in- 
formation in  its  possession  necessary  to  aid  the  election 
commissioners  in  the  performance  of  their  duties. 

SECTION  72.  The  board  shall,  on  or  before  the  first  day 
of  July  in  each  year,  prepare  printed  copies  of  the  lists 


REGISTRATION,  ETC.,  IN   BOSTON.  31 


prepared  for  the  use  of  the  election  commissioners.     The  JJ§|-  |J|«  1  1- 
board   shall   print   such   lists   in   pamphlet   form  by   pre- 
cincts, deliver  to  the  election  commissioners  as  many  copies 
thereof  as  they  may  require  and  hold  the  remaining  copies 
for  public  distribution. 

SECTION  73.     If  a  male  person,  twenty  years  of  age  or  Listing  of 
upwards,  resident  in  Boston  on  the  first  day  of  May,  was  {SSSJSsJy* 
not  listed  by  the  board,  he  shall,  in  order  to  establish  his  Jgol^yg  §  4 
right  to  be  listed,  appear  before  a  member  of  the  board,  JJgJ-  %&>  §  5. 
the    superintendent,    a    deputy   superintendent   or   an    in- 
spector of  police,  who  are  hereby  authorized  to  administer 
oaths  for  this  purpose,   and  present  under  oath  a  state- 
ment in  writing  that  he  was  on  said  day  a  resident  of  said 
city,  giving  his  name,   age,   occupation  and  residence  on 
the  first  day  of  May  in  the  current  year,  and  his  residence 
on  the  first  day  of  May  in  the  preceding  year. 

A  male  person,  twenty  years  of  age  or  upwards,  who  Certain  per- 
becomes  a  resident  of  said  city  after  the  first  day  of  May,  S'&liXSito 
and  desires  to  be  listed,  shall  appear  before  a  member  of  ESKent'in 
the  board,  the  superintendent,  a  deputy  superintendent  or  writins.  etc. 
an  inspector  of  police,  who  are  hereby  authorized  to  ad- 
minister oaths  for  this  purpose,  and  present  under  oath  a 
statement   in  writing  that   he  became  a  resident  of  said 
city  at  least  six  months  immediately  preceding  the  election 
at  which  he  claims  the  right  to  vote,  giving  his  name,  age, 
occupation  and  residence  on  the  above  date,  and  his  resi- 
dence on  the  first  day  of  May  in  the  preceding  year. 

If  the  board,  after  investigation,  is  satisfied  that  such  Certificate  to 
statements  are  true,  it  shall  give  such  applicant  a  certifi-  SrtS^SU, 
cate  that  he  was  a  resident  of  said  city  on  said  first  day  of  etc' 
May,  or  a  certificate  that  he  became  a  resident  at  least  six 
months  immediately  preceding  such  election,  as  the  case 
may  be,  which  certificate  shall  state  his  name,  age,  occu- 
pation and  residence  on  the  first  day  of  May  in  the  current 
year  or  on  the  above  date,  as  the  case  may  be,   and  his 
residence  on  the  first  day  of  May  in  the  preceding  year; 
but  no  such  application  shall  be  received  later  than  the  Applications 
first  day  of  September,  and  no  such  person  shall  be  listed  received 
or  be  given  such  certificate  later  than  the  twentieth  day  of  etcan  Sept' 
September. 

In  every  place  where  oaths   are   administered  for   the  TO  post  i 
purpose  of  listing  the  board  shall  post  in  a  conspicuous 
place  a  copy  of  section  four  hundred  and  twenty,  printed 


tion  420. 


32 


REGISTRATION,  ETC.,  IN   BOSTON. 


Record  of 
applications, 
etc.,  to  be 
kept. 

1903,  279, §  5. 

1904,  245,  §  6. 


Names  and 
residences  of 
applicants  to 
be  printed. 


Office  of 
police  com- 
missioner to 
be  kept  open 
during  certain 
hours. 

1903,  279, §  6. 
Election  com- 
missioners to 
prepare  an- 
nual register 
of  voters. 
1903,  279,  §  8. 
1906,  291,  §  18. 


Proviso. 


To  make  nec- 
essary inquiries 
and  investi- 
gations, etc. 


on  white  paper  with  black  ink,  in  type  not  less  than  one 
quarter  of  an  inch  wide. 

SECTION  74.  The  board  shall  enter  the  date  of  appli- 
cation, the  name,  age,  occupation  and  residence  on  the  first 
day  of  May  in  the  current  year  and  the  residence  on  the 
first  day  of  May  in  the  preceding  year,  of  every  such  ap- 
plicant, as  above  provided,  together  with  the  result  of  its 
investigation  of  his  application,  in  a  book  provided  for 
that  purpose,  which  shall  be  open  for  public  inspection. 
Said  board  shall  cause  to  be  printed  in  some  newspaper 
published  in  Boston,  the  name  and  residence  of  every  such 
applicant.  The  names  and  residences  of  such  applicants 
shall  be  printed  by  wards  and  precincts  within  two  days 
after  the  number  of  names  of  such  applicants,  not  printed, 
reaches  fifty ;  and  on  the  day  when  such  number  is  reached, 
the  names  to  be  printed  within  such  two  days  shall  include 
the  names  of  all  such  applicants  up  to  the  close  of  business 
for  this  purpose  in  the  office  of  the  board  on  such  day. 

SECTION  75.  The  police  commissioner  shall  have  his 
office  open  during  such  hours  as  shall  be  necessary  to 
carry  out  the  provisions  of  the  two  preceding  sections. 

SECTION  76.  The  election  commissioners  shall,  after 
the  first  day  of  May  in  each  year,  prepare  an  annual 
register  containing  the  names  of  all  qualified  voters  in 
Boston  for  the  current  year,  beginning  with  such  first  day 
of  May.  Such  names  shall  be  arranged  by  wards  and 
precincts  and,  opposite  the  name  of  each  voter,  shall  be 
entered  his  residence  on  the  preceding  first  day  of  May  or 
any  subsequent  day  when  he  became  a  resident  of  said 
city.  The  election  commissioners  shall  enter  in  the  annual 
register  every  name  contained  in  the  lists,  for  the  current 
year,  of  persons  transmitted  to  them  by  the  listing  board, 
giving,  as  the  residence  of  each  person  on  the  first  day 
of  May,  the  place  at  which  he  was  listed  by  said  board; 
and  likewise  the  name  and  residence,  as  aforesaid,  of 
every  woman  voter  whose  name  is  contained  in  the  list  of 
women  voters  transmitted  to  them  under  this  act:  pro- 
vided, that  in  every  case  they  are  able  to  identify  the 
name  so  transmitted  as  that  of  a  man  or  woman  whose 
name  was  borne  on  the  voting  list  of  said  city  at  the  last 
preceding  election.  They  shall  make  all  inquiries  and 
investigations  necessary  to  identify  such  person,  and  they 
shall  not  enter  in  the  annual  register  the  name  of  a  person 


UNIVERSITY 

• 


EEGISTRATION,  ETC.,  IN   BOSTON.  33 

objected  to  by  any  commissioner,  until  such  person  has 
been  duly  notified  and  given  an  opportunity  to  be  heard 
by  them,  and  shall  have  appeared  and  satisfied  them  of 
his  right  to  have  his  name  so  entered.     They  shall  forth- 
with enter  in  the  annual  register  the  name  of  every  person 
whose  qualifications  as  a  voter  have  been  determined  by 
them  in  the  current  year  and  whose  name  has  accordingly 
been  entered  in  the  general  register.     They  shall,  before  TO  transmit 
the  first  day  of  May  in  each  year,  transmit  to  the  listing  yote°rsTo??t" 
board  a  list  of  the  women  voters  whose  names  are  con-  mg  boar(L 
tained  upon  the  register  of  the  preceding  year,  with  their 
residences,  as  they  appear  on  said  register. 

SECTION   77.      Every   person,    male   or   female,   whose  Applicants  for 

T  .     T  -i      •         ,1  i  •    j  registration  to 

name   has   not   been   entered   in   the    annual   register   in  apply  in  per- 
accordance  writh  the  preceding  section,  must,  in  order  to  i903,e279,  §  9. 
be  registered  as  a  voter,  apply  in  person  for  registration 
and  prove  that  he  is  qualified  to  register. 

SECTION  78.     The  election  department  of  Boston  shall  ^kction^rom- 
be  under  the  charge  of  a  board  of  election  commissioners  Boston,  ap- 

•    «          °  .   .  ,  r>   -T-»  1-i-n    pointment,  etc. 

consisting  of  lour  citizens  and  voters  of  Boston  who  shall  R.  L.  11,  §  69. 
be  appointed  by  the  mayor  without  confirmation  by  the 
board  of  aldermen;  and  chapter  two  hundred  and  sixty- 
six  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
five,  and  all  other  acts  relating  to  departments  of  Boston 
or  the  officers  and  employees  thereof,  not  inconsistent 
herewith,  shall  be  applicable  to  said  department  and  the 
officers  and  employees  thereof. 

SECTION  79.     Said  board  shall  be  so  selected  that  two  Political  rep- 
members  shall  always  belong  to  each  of  the  two  leading  compensation, 
political  parties ;  and  one  member  shall  annually  be  ap-  RCL.  11,  §  70. 
pointed  for  the  term  of  four  years,  beginning  with  the 
first  day  of  May  in  the  year  of  his  appointment.      The 
mayor  shall  annually,  on  or  before  the  first  day  of  May, 
designate  one  member  as  chairman  for  the  year  beginning 
with  said  day,  and  may,  after  notice  and  hearing,  remove 
any  member  for  cause.     The  chairman  of  said  board  shall 
receive  an   annual  salary  of  four  thousand   dollars,   and 
each  of  the  other  commissioners  three  thousand  five  hun- 
dred dollars,  or  such  other  salary  as  the  city  council  may 

IT  -1  J 

by  ordinance  prescribe. 

SECTION  80.  Said  board  shall  annually,  between  the  TO  appoint 
first  day  of  May  and  the  first  day  of  October,  appoint  regStraisof 
assistant  registrars  of  voters,  not  exceeding  four  for  each  R0tLrsii,  §  71. 


34 


REGISTRATION,  ETC.,  IN   BOSTON. 


To  constitute 

the  Boston 

ballot  law 

commission, 

etc. 

it.  i,.  11,  §  72. 


To  make  a 
new  general 
register  of 
voters  in  cer- 
tain years,  etc. 
K.  L.  11,  §  73. 
1905,  386,  §  1. 


Registration 
of  voters. 


Additional 
assistant 
registrars  may 
be  appointed. 


for  the 
registration  of 
voters  to  be 
prepared,  etc. 
R.  L.  11,  §  74. 


ward,  who  shall  hold  office  for  the  term  of  one  year, 
beginning  with  the  first  day  of  October,  unless  sooner 
removed  by  the  election  commissioners,  and  who  shall 
equally  represent  the  two  leading  political  parties. 

SECTION -81.  Said  board  shall  constitute  the  Boston  bal- 
lot law  commission,  and  shall  in  all  matters  relating  to 
objections  and  questions  arising  in  the  case  of  nominations 
of  candidates  for  city  offices  have  the  powers  and  perform 
the  duties  prescribed  for  the  ballot  law  commission  of 
the  commonwealth ;  and  when  sitting  as  such,  the  chief 
justice  of  the  municipal  court  of  the  city  of  Boston,  or  in 
case  of  his  disability  the  senior  justice  of  said  court  who 
is  not  disabled,  shall  be  a  member  of  said  board  and  shall 
preside,  but  shall  not  vote  unless  the  other  commissioners 
are  equally  divided;  and  in  every  other  matter  in  which 
the  commissioners  are  equally  divided  said  chief  justice 
shall  act  with  them  and  shall  cast  the  deciding  vote. 

SECTION  82.  Said  board  shall,  between  the  fifteenth  day 
of  June  and  the  first  day  of  October  in  the  year  nineteen 
hundred  and  eight,  and  in  every  twelfth  year  thereafter, 
make  a  new  general  register  of  the  qualified  male  voters, 
which  shall  be  prepared  in  the  manner  provided  by  law 
for  preparing  general  registers.  Changes  may  be  made 
therein  on  account  of  illegal  registration,  and  after  the 
year  in  which  it  is  made,  all  laws  relating  to  general  reg- 
isters of  voters  shall  be  applicable  thereto,  and  the  annual 
registers  and  voting  lists  of  said  city  shall  be  prepared 
therefrom  in  the  manner  provided  by  law  for  preparing 
annual  registers  and  voting  lists  in  cities.  Until  the  first 
day  of  September  of  the  years  designated  for  preparing 
new  general  registers,  voters  may  be  registered  at  the 
central  registration  office ;  and  during  September  said 
board  shall  keep  open  one  or  more  places  for  registration 
in  each  ward,  as  it  shall  deem  sufficient,  where,  with  the 
central  registration  office,  registration  shall  be  made  daily 
from  eight  o'clock  in  the  forenoon  to  ten  o'clock  in  the 
afternoon,  except  on  Sunday.  In  such  years  of  general 
registration  said  board  may  appoint,  so  as  equally  tc 
represent  the  two  leading  political  parties,  such  addi- 
tional assistant  registrars  as  in  its  judgment  may  be 
necessary. 

SECTION  83.  Said  board  shall  prepare  books  for  the 
registration  of  the  male  voters  and  the  general  register 


REGISTRATION,  ETC.,  IN   BOSTON. 


35 


of  voters,  and  the  books  so  prepared  shall  constitute  the 
general  register  of  voters  in  said  city.  Said  books  shall 
be  in  the  following  form :  — 


Street. 


3.     4.        5.        6. 


9.        10. 


11. 


12. 


1! 
&a 
3» 

<M    ^ 

o2 

jll 

No.  of  Residence 
or  Other  Designa- 
tion, May  1,  of 
the  Year  of  Ap- 
plication. 

QJ 
1 

si 

to 

Signature. 

•a 

% 

«w5 
°.S 

tl 

ii 

Occupation. 

Place  of 
Occupation. 

Place  of  Birth. 

Court  of 
Naturalization. 

Date  of  Natural-  II 
ization  Papers. 

PERSONAL, 
DESCRIPTION. 

i 

1 

£ 

A 

•< 

1 

| 
•3 

£ 

Form. 


Under  the  several  headings,  there  shall  be  entered  as 
follows : 

One,  The  day,  month  'and  year  when  the  applicant  is 
adjudged  a  qualified  voter. 

Two,  The  name  of  the  applicant  and  the  number  on  the 
street,  place  or  other  location  of  his  dwelling  on  that  day, 
or  if  there  is  no  number,  such  clear  and  definite  description 
of  the  place  of  said  dwelling  that  it  can  be  readily  ascer- 
tained; if  more  than  one  family  resides  in  said  dwelling, 
the  floor  on  which  the  applicant  resides;  and  if  there  is 
more  than  one  house  at  the  number  given  by  the  appli- 
cant, in  which  one  of  them  he  resides. 

Three,  The  full  surname  and  the  Christian  name  of  the 
applicant,  or  the  name  by  which  he  is  generally  known, 
and  the  initial  of  every  other  name  which  he  may  have. 

Four,  The  applicant  shall  write  his  name  on  a  line  with 
the  statements  herein  set  forth. 

Five,  The  number  of  months  or  years  which  the  appli- 
cant states  that  he  has  lived  in  said  city. 

Six,  A  full  statement  of  his  occupation. 

Seven,  The  place  of  his  occupation. 

Eight,  The  name  of  the  city  or  town,  county  and  state, 
country,  kingdom,  empire  or  dominion  where  he  was  born. 

Nine,  The  designation  of  the  court  where  the  applicant, 
if  he  was  an  alien,  was  naturalized. 

Ten,  The  date  of  such  naturalization. 

Eleven,  The  age,  approximate  height  and  weight  of  the 
applicant 


36 


KEGISTKATION,  ETC.,  IN  BOSTON. 


Sessions  of 
board  of  elec- 
tion commis- 
sioners for 
registration. 
R.  L.  11, 
§§  38,  75. 


Applicants  for 

registration  to 

be  examined 

under  oath, 

etc. 

R.  L.  11,  §  76. 


Twelve,  The  residence  of  the  applicant  at  the  date  of 
registration. 

The  names  of  all  voters  residing  in  the  same  dwelling 
shall  be  placed  together. 

SECTION  84.  Said  board  shall  hold  such  day  sessions 
as  the  city  may  by  ordinance  prescribe,  and  such  addi- 
tional sessions  as  they  shall  deem  necessary.  They  shall, 
in  any  event,  hold  in  or  near  each  ward  in  said  city  not 
less  than  ten  evening  sessions,  each  of  at  least  three  hours' 
duration,  between  the  first  day  of  September  and  the 
close  of  registration  before  the  annual  state  election,  and 
the  same  number  of  like  sessions  between  the  annual  state 
election  and  the  close  of  registration  before  the  annual 
city  election.  They  shall  also  hold  at  their  principal  office 
a  continuous  session  from  nine  o'clock  in  the  morning  until 
ten  o'clock  in  the  evening  on  the  twentieth  day  preceding 
the  annual  state  election,  and  a  like  continuous  session  on 
the  twentieth  day  preceding  the  annual  city  election,  and 
a  continuous  session  from  twelve  o'clock  noon  until  ten 
o'clock  in  the  evening  on  the  seventh  day  preceding  a 
special  election. 

SECTION  85.  An  election  commissioner  or  assistant 
registrar  of  voters  shall,  at  the  times  and  places  fixed  for 
registering  voters,  examine  under  oath  each  applicant  for 
registration  as  to  his  qualifications  as  a  voter,  and,  if  sat- 
isfied that  the  applicant  is  a  qualified  voter,  shall  imme- 
diately, in  the  presence  of  the  applicant,  enter  in  the 
proper  columns  of  said  register  the  information  required 
by  section  eighty-three,  according  to  the  statements  of  the 
applicant;  and  if  at  any  time  prior  to  an  election  the 
board  shall  be  of  opinion  that  there  is  an  error  in  such 
information,  after  giving  notice  to  the  person  by  mail,  by 
special  delivery,  that  he  may  be  heard  on  a  certain  day 
named  therein,  it  may  on  said  day  re-examine  said  in- 
formation and  correct  such  error,  if  any.  ~No  person  shall, 
except  as  provided  in  section  forty-four,  have  his  name 
entered  upon  such  register  unless  he  personally  appears 
before  said  board  or  one  member  thereof  or  an  assistant 
registrar  and  is  found  qualified  to  be  registered  as  a  voter ; 
and  if  the  person  is  a  naturalized  citizen,  he  shall  produce 
his  naturalization  papers  or  a  certified  copy  of  the  record 
thereof  for  inspection,  and  make  oath  that  he  is  the 
person  named  therein.  But  if  there  is  a  record  in  the 


POLITICAL   COMMITTEES. 


37 


office  of  said  board  made  in  the  year  eighteen  hundred  and 
ninety-six,  or  subsequent  thereto,  that  the  naturalization 
papers  of  the  applicant  have  once  been  produced  and  ex- 
amined, they  need  not  be  again  produced. 

SECTION  86.     Said  board  shall  annually  after  the  close  street  lists  of 
of  registration  and  before  the  annual  state  election  make, 
by  precincts,  from  the  annual  register,  street  lists  of  the  jt 
voters  to  be  used  as  the  voting  lists  at  elections.     Each  list 
shall  contain  not  less  than  two  hundred  names,  and  names 
shall  be  added  to  or  taken  therefrom,  as  persons  are  found 
qualified  or  not  qualified  to  vote.      Said  lists  shall  be  in 
the  following  form  :  — 


todbe 


§  77. 


Street. 


NAME  OF  VOTER. 

Residence,  Number, 
or  Other  Desig- 
nation, May  1,  of  the 
Year  of  Election. 

Length  of 
Residence  in  City. 

PERSONAL 
DESCRIPTION. 

! 

5) 
« 
B 

4J 

a 

&> 

"53 

Form. 


SECTION  87.     Said  board  shall,  prior  to  the  annual  state  Pamphiet 
election  and  prior  to  the  annual  city  election,  prepare  in  -^{-J^*  vot~ 
pamphlet  form,  not  less  than  fifty  copies  of  each  voting  «••  L.  n',  §  78. 
list,  omitting  therefrom  everything  except  the  name  and 
residence  of  the  voters,   and  shall  distribute   said  copies 
as  they  may  deem  best. 

SECTION  88.    Every  person  upon  applying  to  vote  shall,  Voter  to  write 

T  ,11  •     i  •    jj  «s          r  J    .  &    T  .  '   his  name  upon 

when  requested  by  any  election  officer,  write  his  name  in  request. 

a  book  prepared  for  the  purpose  unless  the  voter  declares  E"L"n'§  79" 

under  oath  to  the  presiding  officer  that  he  had  the  right 

to  vote   on  the   first   day   of  May   in  the  year  eighteen 

hundred  and  fifty-seven  and  cannot  write,  or  that  by  reason 

of  blindness  or  other  physical  disability  he  is  unable  to 

write. 

PAET    2. 

POLITICAL    COMMITTEES. 

SECTION  89.     Each  political  party  shall  annually  elect  gj^ 
a  state  committee,  the  members  of  which  shall  hold  office  termite!" 
for  one  year  from  the  first  day  of  January  next  following  137. ' 
their  election  and  until  their  successors  shall  have  organ- 


38 


POLITICAL   COMMITTEES. 


Organization. 


Lists  of  mem- 
bers and 
officers  to  be 
filed. 


Vacancies. 


Ward  and 
town  commit- 
tees, election, 
term,  etc. 
R.  L.  11,  §  81. 


City  com- 
mittee. 


City  and 
town  com- 
mittees, or- 
ganization. 


Lists  of  officers 
and  members 
to  be  filed. 


ized.  Said  committee  shall  consist  of  at  least  one  member 
from  each  senatorial  district,  who-  shall,  except  in  the 
Suffolk*  senatorial  districts,  be  elected  at  the  convention 
held  for  the  nomination  of  a  candidate  for  senator  to  be 
voted  for  in  said  district  at  the  annual  state  election. 
The  members  of  said  committee  for  the  Suffolk  senatorial 
districts  shall  be  elected  by  direct  plurality  vote  in  cau- 
cuses or  primaries  and  the  person  who  in  the  aggregate 
of  all  the  ballots  cast  at  all  such  caucuses  or  primaries  in 
each  district  for  such  members  shall  receive  the  highest 
number  of  such  votes  shall  be  the  member  elected. 

The  members  of  the  state  committee  shall,  in  January, 
meet  and  organize  by  the  choice  of  a  chairman,  a  secretary, 
a  treasurer  and  such  other  officers  as  they  may  decide  to 
elect. 

The  secretary  of  the  state  committee  shall,  within  ten 
days  after  such  organization,  file  with  the  secretary  of 
the  commonwealth,  and  send  to  each  city  and  town  com- 
mittee, a  list  of  the  members  of  the  committee  and  of  its 
officers. 

A  vacancy  in  the  office  of  chairman,  secretary  or  treas- 
urer of  the  committee  or  in  the  membership  thereof  shall 
be  filled  by  the  committee,  and  a  statement  of  any  such 
change  shall  be  filed  as  in  the  case  of  the  officers  first 
chosen. 

SECTION  90.  Each  political  party  shall,  in  every  ward 
and  town,  annually  elect  a  committee  to  be  called  a  ward 
or  a  town  committee,  to  consist  of  not  less  than  three  per- 
sons, who  shall  hold  office  for  one  year  from  the  first  day 
of  January  next  following  their  election  and  until  their 
successors  shall  have  organized. 

The  members  of  the  several  ward  committees  of  a  polit- 
ical party  in  a  city  shall  constitute  a  committee  to  be 
called  a  city  committee. 

Each  town  committee  shall  annually,  between  the  first 
day  of  January  and  the  first  day  of  March,  and  each  ward 
and  city  committee  shall,  within  thirty  days  after  the 
beginning  of  its  term  of  office,  meet  and  organize  by  the 
choice  of  a  chairman,  a  secretary,  a  treasurer  and  such 
other  officers  as  it  may  decide  to  elect. 

The  secretary  of  each  city  and  town  committee  shall, 
within  ten  days  after  its  organization,  file  with  the  secre- 
tary of  the  commonwealth,  with  the  city  or  town  clerk 

*  See  chapter  543,  Acts  of  1907,  printed  on  page  148. 


POLITICAL    COMMITTEES.  39 

and  with  the  secretary  of  the  state  committee  of  the  polit- 
ical party  which  it  represents,  a  list  of  the  officers  and 
members  of  the  committee. 

A  vacancy  in  the  office  of  chairman,  secretary  or  treas-  Vacancies. 
nrer  of  a  city,  ward  or  town  committee  shall  be  filled  by 
the  committee,  and  a  vacancy  in  the  membership  of  a 
ward  or  town  committee  shall  be  filled  by  such  committee, 
and  a  statement  of  any  such  change  shall  be  filed  as  in 
the  case  of  the  officers  first  chosen. 

SECTION  91.     Upon  a  re-division  of  a  city  into  wards,  Ward  com- 
any  political  party  may  in  the  next  succeeding  calendar  oTare-dTv?-*8' 
year  elect  its  ward  committees  for  such  terms,  not  ex-  5Sw«rds.ty 
ceeding  the  length  of  the  terms  for  which  the  former  com-  R'  L'  n>  §  82- 
mittees  were  chosen,  as  the  city  committee  existing  at  the 
time  of  calling  the  caucuses  may  determine,  and  thereafter 
shall  elect  such  committees  at  the  times  and  for  the  terms 
prescribed  by  law.     The  caucuses  for  the  choice  of  such 
ward  committees  shall  be  called  by  the  city  committee  in 
existence  at  the  time,  and  shall  be  subject  to  such  reason- 
able notice  as  said  city  committee  shall  determine. 

SECTION  92.     Committees  of  any  party  existing  at  the  Organization 
time  when  such  party  at  an  annual  state  election  first  polls 


for  governor  three  per  cent  of  the  entire  vote  cast  in  the  R'  L'  n>  §  83' 
commonwealth  for  that  office  shall  be  deemed  to  be  organ- 
ized under  these  provisions. 

SECTION    93.      A  state,   city  or  town   committee  may  Committees 
make  rules  and  regulations,  not  inconsistent  with  law,  for  ™fi™nde 
its  proceedings  and  relative  to  caucuses  called  by  it,  and  etfulatl°ns> 
may  fix  the  number  of  persons  of  whom  it  shall  consist,  fg'o^  225,§492! 
which  number  shall  be  announced  in  the  call  for  the  meet- 
ing at  which  they  are  to  be  chosen.     Each  city  or  town 
committee  may  make  reasonable  regulations,   not  incon- 
sistent with  law,  to  determine  membership  in  the  party, 
and  to  restrain  persons  not  entitled  to  vote  at  caucuses 
from  attendance  thereat  or  taking  part  therein.     But  no 
political  committee  shall  prevent  any  voter  from  partici- 
pating in  a  caucus  of  its  party  for  the  reason  that  the 
voter  has  supported  an  independent  candidate  for  political 
office. 


CAUCUSES. 


Nominations, 
etc.,  by 
caucuses, 
fl.  L.  11,  §  85. 


Certain  nom- 
inations not 
to  be  made  by 
caucuses. 
R.  L.  11,  §  86. 


Certain  cau- 
cuses to  be 
held  on  a  day 
designated  by 
the  state  com- 
mittee. 

R.  L.  11,  §  87. 
1905,  397. 


Proviso. 


Calling  of 
caucuses. 


Caucuses  may 
be  held  by 
precincts  in 
certain  cases. 

1906,  444,  §  1. 

1907,  429,  §  15. 


PROVISIONS     APPLYING     TO     ALL     CAUCUSES     OF     POLITICAL 

PARTIES. 

SECTION  94.  Except  as  provided  in  this  chapter,  no 
caucus  or  meeting  shall  be  entitled  to  nominate  a  candi- 
date for  public  office  whose  name  shall  be  placed  on  the 
official  ballot,  to  elect  delegates  to  a  political  convention 
for  the  nomination  of  such  candidate,  to  elect  delegates  to 
conventions  held  for  the  election  of  delegates  to  national 
conventions  for  the  nomination  of  candidates  for  president 
and  vice  president  of  the  United  States,  or  to  choose  a 
political  committee. 

SECTION  95.  No  nomination  of  a  candidate  to  be  voted 
for  in  an  electoral  district  or  division  containing  more 
than  one  town  or  more  than  one  ward  of  a  city,  shall  be 
made  by  caucuses,  except  as  provided  in  section  one  hun- 
dred and  sixty-six  of  this  chapter. 

SECTION  96.  All  caucuses  of  political  parties,  except 
primaries  and  for  special  elections,  for  the  choice  of  dele- 
gates to  political  conventions  which  nominate  candidates 
to  be  voted  for  at  the  annual  state  election,  and  for  the 
nomination  of  candidates  to  be  voted  for  at  such  election, 
shall  be  held  throughout  the  commonwealth  on  a  day  desig- 
nated by  the  state  committee  of  the  political  party  for 
which  said  caucuses  are  held;  and  all  of  said  delegates 
shall  be  elected,  and  all  of  said  candidates  shall  be  nom- 
inated, at  one  caucus:  provided,  that  in  the  county  of 
Suffolk  such  caucuses  shall  be  held  on  the  sixth  Tuesday 
preceding  the  election.  Such  caucuses  shall  be  held  at  the 
call  of  the  state  committee  of  the  political  party  whose 
caucuses  are  to  be  held,  and  the  chairman  and  secretary 
of  the  state  committee  of  each  political  party  shall,  at  least 
twenty-one  days  before  the  date  on  which  the  caucuses  are 
to  be  held,  forward  a  copy  of  the  call,  with  designation  of 
date,  to  the  chairman  and  secretary  of  each  city  and 
town  committee  of  their  party. 

SECTION  97.*  If  in  a  city,  except  Boston,  or  town 
wherein  elections  are  held  by  precincts,  the  city  or  town 
committee  of  either  of  the  two  leading  political  parties 
shall  file  with  the  aldermen  or  selectmen,  at  least  two  weeks 
prior  to  the  time  of  holding  its  caucuses,  a  notice  that  such 
party  desires  to  hold  its  caucuses  by  precincts,  the  alder- 
men or  selectmen  shall  furnish  a  polling  place  in  each 


*  For  provisions  relative  to  the  count  and  canvass  of  votes,  etc.  (precinct  cau- 
cuses), see  section  170,  page  64. 


CAUCUSES.  41 

precinct  for  the  use  of  such  party,  as  provided  in  section 
one  hundred  and  seventeen  of  this  chapter,  and  the  cau- 
cuses of  such  party  shall  be  held  accordingly. 

SECTION  98.     ISTo  two  political  parties  shall  hold  such  Party  first, 
caucuses  on  the  same  day.     The  party  first  filing  with  the  CaS  entitled 
secretary  of  the  commonwealth  the  copy  of  the  call   as  ^  L?iif FS*. 
above  provided  shall  be  entitled  to  precedence  on  the  days 
named. 

SECTION  99.    Caucuses  relative  to  a  special  election  shall  Caucuses  reia- 

11-11  ,.  ,,  ni^  1  tive  to  special 

be  held  at  such  time  and  place  and  subject  to  such  reason-  elections, 
able  notice  as  the  political  committee  whose  duty  it  is  to 
provide  for  holding  the  same  may  determine.     Calls  there- 
for shall  be  issued  by  the  chairman  and  secretary  of  said 
political  committee. 

SECTION  100.     Every  caucus  of  a  political  party  shall  PaucV,s®fu° 

..  J  *         J  be  called  by  a 

be  called  by  a  written  or  printed  notice.     JNo  caucus  or  written  or 
meeting  of  a  political  party  not  so  called  shall  be  recognized  etT  * 
as  valid  under  this  title.     It  shall  be  the  duty  of  the  pre-  1903!  474,  §  e. 
siding  officer  at  a  caucus  to  open  such  caucus  at  the  hour 
appointed  therefor  in  the  notice  thereof. 

SECTION  101.     Notices  for  caucuses  shall  apply  to  all  Notices  for 

,  ,,     ,  , .    .       ,  ,,.  ,  ii  caucuses  to 

members  01  the  political  party  calling  them,  and  to  them  apply  only  to 

-i  -vr  i  j    •       j_i  P  T  ,      members  of 

only.     JN'o  person  having  voted  in  the  caucus  01  one  polit-  political  party 

ical  party  shall  be  entitled  to  vote  or  take  part  in  the  eSing  ti 

caucus  of  another  political  party  within  the  ensuing  twelve  f^',  129,§§916. 

months.     Except  that  voting  or  taking  part  in  the  caucuses 

of  any  municipal  party  by  any  voter  shall  not  affect  his 

legal  right  to  vote  or  to  take  part  in  the  caucuses  of  any 

other  political  party,  whether  national,  state  or  municipal, 

for  any  other  election ;  and  having  voted  or  taken  part  in 

the  caucuses  of  another  political  party  for  any  previous 

election,  whether  city,  state  or  national,  shall  not  affect  his 

right  to  vote  or  take  part  in  the  caucuses  of  any  municipal 

party.     No  voter  shall  be  prevented  from  voting  or  par-  voter  may 

ticipating  in  any  caucus  if  he  takes  the  following  oath  takeoath- 

which  shall  be  administered  to  him  by  the  presiding  officer 

of  the  caucus : 

You  do  solemnly  swear  (or  affirm)  that  you  are  a  registered  Form  of 
voter  in  this  ward  (or  town)  and  have  the  legal  right  to  vote  in 
this  caucus;  that  you  are  a  member  of  the  political  party  holding 
the  same,  and  intend  to  vote  for  its  candidates  at  the  polls  at  the 
election  next  ensuing;  and  that  you  have  not  taken  part  or  voted 
in  the  caucus  of  any  other  political  party  for  twelve  months  last 
past. 


42 


CAUCUSES. 


Person  whose 
right  to  vote 
is  challenged 
to  take  oath, 
etc. 


Voting  lists  to 

be  used. 

R.  L.  11,  §  92. 


Persons 
deemed  to  be 
elected  or 
nominated. 
Delegates  to 
a  convention , 
tie  vote, 
vacancy,  etc. 
R.  L. 11,  §  93. 


Tie  vote  for 
members  of 
ward  or  town 
committee, 
etc. 

Proceedings 
in  case  of 
failure  to 
elect,  etc. 


Certificates  of 
election,  etc. 
R.  L.  11,  §  94. 


Such  voter  may  be  challenged  like  any  other  voter. 
Any  person  whose  right  to  vote  is  challenged  for  any 
cause  recognized  by  law  shall  not  be  permitted  to  vote 
until  he  has  taken  the  foregoing  oath ;  and  the  clerk  or 
secretary  of  the  caucus  shall  make  a  record  of  the  admin- 
istration of  said  oath  to  every  person  who  takes  the  same, 
which  record  shall  state  whether  or  not  said  person  voted. 
Said  record  shall  be  returned  with  the  proceedings  of  said 
caucus  and  shall  be  prima  facie  evidence  in  any  court  that 
such  person  took  said  oath  and  voted  in  said  caucus. 

SECTION  102.  In  balloting,  the  voting  lists  furnished 
under  the  provisions  of  section  sixty-seven  shall  be  used 
as  check  lists  and  no  person  shall  be  entitled-  to  vote  or 
to  take  part  in  a  caucus  whose  name  does  not  appear  upon 
said  lists. 

SECTION  103.  The  persons  receiving  the  highest  num- 
ber of  votes  in  a  caucus  shall  be  declared  elected  or  nom- 
inated. If  there  is  a  tie  vote  for  delegates  to  a  convention, 
or  a  place  unfilled  in  a  delegation,  or  a  vacancy  occasioned 
by  inability  or  neglect  of  a  delegate  elected  to  attend  a 
convention,  such  vacancies  shall  be  filled  only  by  vote  of 
the  remaining  members  of  the  delegation  at  a  meeting 
called  for  the  purpose.  Such  meeting  shall  choose  a 
chairman  and  secretary,  and  the  secretary  shall  notify  the 
secretary  of  the  convention  of  the  action  taken  relative  to 
such  vacancy,  except  that,  if  only  one  delegate  or  two 
delegates  were  to  be  elected,  the  delegate  or  the  remaining 
delegate,  as  the  case  may  be,  shall  fill  such  vacancy  and 
notify  the  secretary  of  the  convention  of  such  action. 

If  there  is  a  tie  vote  for  members  of  a  ward  or  town 
committee,  or  for  caucus  officers,  the  members  or  caucus 
officers  elected  shall  fill  the  vacancy. 

If  a  majority  of  a  delegation,  of  a  ward  or  town  com- 
mittee, or  of  caucus  officers  is  not  elected,  or  there  is  a  tie 
vote  for  candidates  for  an  elective  office,  the  caucus  shall 
at  once  proceed  to  another  ballot  unless  some  one  present 
entitled  to  vote  objects ;  in  which  case  the  caucus  shall 
adjourn  to  any  subsequent  day.  The  hour  and  place  shall, 
if  practicable,  be  the  same  as  that  named  in  the  call. 

SECTION  104.  The  presiding  officer  and  secretary  or 
clerk  of  each  caucus  shall  within  three  week  days  after 
its  final  adjournment  deliver  or  send  to  each  delegate  to 
a  political  convention,  to  each  member  of  a  political  com- 


CAUCUSES.  43 

mittee,  and  to  each  caucus  officer  a  certificate  of  his 
election,  and  to  each  candidate  for  an  elective  office  a 
notice  of  his  nomination. 

SECTION  105.     Returns  of  all  caucuses  of  political  par- 
ties  at  which  are  made  any  direct  nominations  for  a  dis- 
trict  comprising  more  than  one  ward  or  town  shall  be  made  a?emmaade?ns 
according  to  the  provisions  of  section   one   hundred  and  o?«Suita?tion 
thirty-seven.     In  Boston  the  election  commissioners  and  in  u^'is?8!1^' 
other  cities   and   in  towns   the   registrars   of  voters   shall  iQOs!  450!  §  2; 
canvass   said  returns  and  determine  the  results  thereof. 
Except  that  for  the  purpose  of  tabulating  and  determining 
the  results  of  all  such  returns  for  members  of  the  state 
committee  in  the  Suffolk  senatorial  districts  the  chairman 
of  the  election  commissioners  of  the  city  of  Boston,  the  city 
clerk  of  the  city  of  Chelsea,  and  the  town  clerks  of  the 
towns   of  Revere  and  Wirithrop,   shall   constitute   a  can- 
vassing board  for  the  first  district;  the  election  commis- 
sioners of  the  city  of  Boston  and  the  city  clerk  of  the  city 
of  Cambridge  shall  constitute  such  board  for  the  second 
and  third  districts ;  and  the  election  commissioners  of  the 
city  of  Boston  shall  constitute  such  board  for  the  remain- 
ing districts.     Said  canvassing  boards  shall  meet  for  such 
purpose  at  the  office  of  the  election  commissioners  in  Bos- 
ton at  ten  o'clock  in  the  forenoon  of  the  Monday  preceding 
the  day  on  which  certificates  of  nomination  for  senator  are 
required   by   law   to   be   filed   with   the   secretary   of   the 
commonwealth.     Said  canvassing  boards  shall  tabulate  and 
determine  the  results  of  all  such  returns,  and  each  can- 
vassing board  shall  certify  to  the  facts  required  by  law. 
They  shall  furnish  to  the  members  of  the  state  committee  Members  of 
elected   in  the   Suffolk   senatorial   districts   certificates   of  mftTeesTobe 
their  election  and  shall  send  to  the  secretary  of  the  state  cerdfic!tdesW0fh 
committee  of  each  political  party  the  names  and  residences  election,  etc. 
of  the  members   of  such  party  so  elected.      Recounts  of 
ballots  shall  be  made  as  provided  in  section  one  hundred 
and  thirty-nine.     In  the  case  of  candidates  for  a  state  office  Certificates  of 
in  a  district  comprising  more  than  one  ward  and  wholly  belied.11011  to 
within  any  one  city,  the  city  clerk,  or  in  Boston  the  elec- 
tion commissioners,  shall  file  in  the  office  of  the  secretary 
of  the  commonwealth  the  certificate  of  nomination  required 
by  law.     In  the  case  of  such  candidates  for  a  district  not  Copies  of 
wholly  within  any  one  city  or  town,  each  city  and  town  voCt°s  to°be 
clerk  in  such  district,  or  in  Boston  the  election  commis- 


44: 


CAUCUSES. 


the  common- 
wealth in 
certain  cases. 


Tie  vote  in 
cases  of  direct 
nomination, 
how  filled. 
1903,  453,  §  2. 


Caucuses  held 
preparatory 
to  national 
conventions, 
proceedings  of. 
1904,  179. 


Proviso. 


Caucus  officers, 

appointment, 

etc. 


Vacancies,  etc. 


sioners,  shall  file  in  the  office  of  the  secretary  of  the  com- 
monwealth, in  the  manner  and  within  the  time  required 
by  law  for  filing  certificates  of  nomination,  copies  of  the 
record  of  votes  for  such  candidates,  and  the  secretary  shall 
canvass  them  and  determine  the  results  thereof. 

SECTION  106.  If  there  is  a  tie  vote  for  any  candidate 
of  a  political  party  nominated  directly  for  any  office,  for 
a  district  comprising  more  than  one  ward  or  town,  the 
vacancy  shall  be  filled  by  a  regularly  elected  general  or 
executive  committee  representing  the  election  district  in 
which  such  vote  has  been  cast,  or,  if  no  such  committee 
exists,  by  the  members  of  the  ward  and  town  committees 
in  the  wards  and  towns  comprising  such  district,  but  the 
vacancy  shall  be  filled  only  by  the  choice  of  one  of  the 
candidates  receiving  such  tie  vote. 

SECTION  107.  The  provisions  of  law  relative  to  cau- 
cuses of  political  parties,  except  those  of  sections  one  hun- 
dred and  forty-four  to  one  hundred  and  sixty  inclusive 
of  this,  chapter  shall  apply  to  caucuses  of  such  parties  held 
for  the  choice  of  delegates  to  conventions  to  elect  delegates 
to  national  conventions  for  the  nomination  of  candidates 
for  president  and  vice  president  of  the  United  States : 
provided,  that  such  caucuses  shall  be  held  by  wards  or 
towns,  and  that  in  Boston  and  in  cities  and  towns  in 
which  at  any  caucuses  preliminary  to  the  last  state  election 
the  provisions  of  sections  one  hundred  and  twelve  to  one 
hundred  and  forty-three  inclusive,  were  in  force,  there 
shall  be  appointed  by  the  city  or  town  committees  of  the 
several  political  parties  to  serve  at  such  caucuses  of  the 
respective  parties  a  warden,  a  clerk,  and  at  least  five  in- 
spectors, and,  in  wards  having  more  than  five  precincts, 
such  additional  inspectors  as  the  city  committee  may  de- 
termine, such  appointments  to  be  made  at  least  ten  days, 
and  notice  thereof  to  be  sent  by  the  secretary  of  the  com- 
mittee to  the  appointees  at  least  seven  days,  before  the  date 
on  which  the  caucuses  are  to  be  held.  A  majority  of  the 
caucus  officers  so  appointed  present  at  a  caucus  may  fill 
vacancies  and  elect  additional  inspectors  as  hereinbefore 
provided.  ]N"o  other  additional  officers  shall  be  appointed. 


CAUCUSES.  45 


PROVISIONS  APPLYING  TO  CAUCUSES  OF  POLITICAL,  PARTIES 
AT  WHICH  OFFICIAL   BALLOTS  ARE  NOT   USED. 

SECTION  108.     At  least  two  weeks  prior  to  the  date  on  Polling  places 
which  caucuses  are  to  be  held,  the  chairman  or  secretary  vkied^etL 
of  the  city  or  town  committee  shall  notify  the  aldermen  or  R>  L>  n>  §  95> 
the  selectmen  respectively  of  such  date,  and  said  alder- 
men or  selectmen  shall,  at  the  expense  of  the  city  or  town, 
provide  polling  places  for  said  caucuses,  in  case  of  a  city, 
not  less  than  one  for  each  ward;  and  shall,  at  least  ten 
days  prior  to  the  date  of  said  caucus,  give  said  chairman 
or  secretary  notice  of  the  places  so  provided. 

SECTION  109.     Notice  of  caucuses,  signed  by  the  chair-  Notices  of 
man  and  secretary,  shall  be  issued  by  each  city  and  town  R.  L.  11,'  §  96. 
committee  not  less  than  seven  days  prior  to  the  day  on  l 
which  they  are  to  be  held.     The  notices  shall  state  the 
place  where,   and   the   day   and   hour  when,    the   several 
caucuses   are   to   be   held.      They  shall  be  conspicuously 
posted  in  at  least  five  places  on  the  highways  or  streets, 
and  if  practicable,  in  every  post  office  in  the  city  or  town, 
or  shall  be  published  at  least  twice  in  one  or  more  local 
newspapers,  if  there  are  any.     The  hour  fixed  for  calling 
the  caucus  to  order  shall  not  be  later  than  eight  o'clock 
in  the  evening.     The  notice  shall  designate  by  name  or 
office  the  person  who  shall  call  such  caucus  to  order,  and 
he  shall  preside  until   a  chairman  is  chosen.      If  he  is 
absent  at  the  time  appointed,  any  member  of  the  ward  or 
town  committee  present  shall  call  the  caucus  to  order  and 
preside  until  a  chairman  is  chosen.     The  first  business  in  First  business, 
order  shall  be  the  choice  of  a  chairman,  a  secretary  and 
such  other  officers  as  the  meeting  may  determine.      ~No  Certain  Per- 

in  7v>  .       sons  not  to 

person  shall  serve  as  a  caucus  officer  at  any  caucus  in  serve  as 
which  he  is  a  candidate  for  an  elective  office,  or  for  a  cauc 
nomination  to  an  elective  office. 

SECTION  110.     A  ballot  shall  be  taken  for  the  choice  Ballot  to  be 
of  any  candidate,  delegate  or  member  of  a  political  com-  R.  L.II,  §97. 
mittee,  to  be  selected  by  such  caucus,  and  the  polls  shall 
be  kept  open  at  least  thirty  minutes. 

SECTION  111.     The  secretary  of  each  caucus  shall  forth-  Ballots  and 
with,    after  the  ballots  cast   therein  have  been   counted, 
transmit  the  said  ballots  and  the  check  list  used   at  the 
caucus  to  the  city  or  town  clerk,  as  the  case  may  be,  who  J^-  33-5*  98- 
shall  preserve  them  for  ten  days.     If  during  said  time  ten 


46 


CAUCUSES. 


Ballots,  etc. 
to  be  pre- 
served, etc. 


In  case  of 
contest,  etc., 
ballots  to  be 
preserved 
until  finally 
determined. 


Recount  of 
ballots. 


voters  entitled  to  vote  in  said  caucus  shall  file  with  said 
clerk  a  written  request  so  to  do,  he  shall  preserve  the 
ballots  and  voting  lists  for  three  months,  and  shall  produce 
the  same  if  required  by  any  court  of  justice  or  convention 
having  jurisdiction  or  authority  over  the  same. 

If  within  three  week  days  after  any  caucus  a  person 
who  has  received  votes  thereat  for  nomination  or  election 
to  any  office,  delegation  or  political  committee  shall  file  a 
statement  in  writing  with  the  said  clerk,  claiming  an 
election  or  nomination  or  declaring  an  intention  to  con- 
test the  election  or  nomination  of  any  other  person,  the 
clerk  shall  preserve  the  ballots  for  such  nomination  or 
office  until  the  claim  or  contest  has  been  finally  determined. 

The  clerk  shall  immediately  give  notice  in  writing  to 
the  persons  affected  and  to  the  chairman  and  secretary  of 
the  caucus,  fixing  a  time  within  twenty-four  hours  there- 
after and  a  place  at  which  said  ballots  will  be  recounted. 
The  chairman  and  secretary  of  the  caucus  shall,  at  said 
time  and  place,  recount  said  ballots  and  determine  the 
questions  raised.  Each  candidate  affected  may  be  present 
during  such  recount,  or  may  be  represented  by  an  agent 
appointed  by  him  in  writing.  If  it  shall  appear  upon  a 
recount  that  persons  were  nominated  or  elected  other  than 
those  declared  to  have  been  nominated  or  elected,  certifi- 
cates of  such  change  shall  be  made  as  in  the  case  of  the 
original  certificate. 


Calling,  etc., 

of  caucuses  at 

which  official 

ballots  are 

used. 

R.  L.  11,  §  99. 


Calling  of  cau- 
cuses for  pur- 
pose of  voting 
on  question 
of  adoption. 
R.  L.  11,  §  100, 


PROVISIONS  APPLYING  TO  CAUCUSES  OF   POLITICAL  PARTIES 
AT   WHICH  OFFICIAL  BALLOTS  ARE  USED. 

SECTION  112.  All  caucuses  for  the  election  of  caucus 
officers,  of  delegates  to  a  convention,  of  a  political  com- 
mittee, or  for  the  nomination  of  candidates  for  any  state 
or  city  office  in  any  city  or  town  held  by  a  political  party 
which  has  adopted  the  provisions  of  law  for  the  use  of 
official  ballots  shall  be  called  and  held  as  hereinafter  pro- 
vided. 

SECTION  113.  Any  city  or  town  committee  shall,  at 
the  written  request  of  fifty  voters,  members  of  its  party, 
call  caucuses  of  said  party  to  determine  by  ballot  whether 
the  provisions  of  law  for  the  use  of  official  ballots  shall  be 
adopted.  The  notice  of  said  caucus  shall  state  the  purpose 
for  which  it  is  called,  the  place,  the  day  and  the  hour, 


CAUCUSES.  47 

not  earlier  than  six  o'clock  and  not  later  than  half-past 
seven  o'clock  in  the  evening,  of  holding  said  caucus.  It 
shall  be  issued  at  least  seven  days  prior  to  the  day  named 
therefor,  and  shall  be  published  at  least  twice  in  one  or 
more  local  newspapers,  if  there  are  any,  and  shall  be 
posted  in  at  least  five  public  places  in  each  ward  or  town. 
The  polls  shall  be  kept  open  at  least  one  hour.  If  said 
caucuses  shall  vote  to  adopt  said  provisions,  all  caucuses 
of  said  political  party  in  said  city  or  town  shall  thereafter 
be  called  and  conducted  accordingly. 

SECTION  114.  A  political  party  in  a  city  or  town  which 
has  accepted  said  special  provisions  may,  not  less  than  one 
year  after  the  date  of  the  caucus  wherein  such  provisions 
were  adopted,  revoke  such  action  at  a  caucus  called  and 
held  in  the  manner  provided  in  the  preceding  section. 
Upon  the  adoption  of  said  provisions  or  upon  the  revoca-  Notice  of 
tion  of  such  adoption,  the  secretary  of  the  city  or  town  |ied°n  to 
committee  of  such  political  party  shall,  within  ten  days 
thereafter,  file  with  the  secretary  of  the  commonwealth 
and  with  the  clerk  of  the  city  or  town  and  the  secretary 
of  the  state  committee  of  the  political  party  so  voting,  a 
notice  thereof. 

SECTION  115.    All  such  caucuses  of  a  political  party  for  certain  cau- 
the  choice  of  a  political  committee  in  cities,  for  the  choice  hefdmTsame 
of  candidates   for   a  city  or  town   election,   and   for   the  5^,  n  §  102. 
choice  of  delegates  to  a  convention  to  nominate  candidates 
for   such   election,   except   caucuses   relating  to   a   special 
election,  shall  be  held  on  the  same  day  in  each  city  and 
town.     The  city  or  town  committee  shall  fix  the  days  for  city  or  town 
holding  all   caucuses  mentioned  in  this  section,   and   all 
calls  for  the  same  shall  be  issued  by  its  chairman  and 
secretary. 

No  two  political  parties  shall  hold  their  caucuses  on  the  party  first 
same  day.     The  party  first  filing  a  copy  of  the  call  for  a  clnLTitiedto 
caucus  with  the  city  or  town  clerk,  shall  be  entitled  to  Precedence- 
precedence  as  to  the  day  so  fixed. 

SECTION   116.      Notices  of  caucuses   in  said  cities   or  Notices  of 
towns  shall  state  the  place  where  and  the  day  and  hour  con?afneSce?tain 
when  nomination  papers  shall  be  issued;  the  place  where  ^ormatlon»- 
and   the   earliest    day    and   hour   when   such   nomination  R- L- n- §  104- 
papers  may  be  filed,  which  time  shall  be  not  less  than 
twenty-four   week-day   hours   succeeding  three   o'clock   of 
the  day  fixed  for  issuing  such   papers ;   the  place  where 


48 


CAUCUSES. 


Polling  places, 
etc.,  to  be 
provided. 
R.  L.  11,  §  105. 
1906,  444, §  2. 


Voting  may 
proceed  in  two 
or  more  lines 
in  certain 


Seven  days' 

notice  to  be 

given  by  city 

and  town 

committees, 

etc. 

R.  L.  11,  §  106. 


Blank  nom- 
ination papers 
to  be  pro- 
vided, etc. 
R.  L.  11,  §  107. 


and  the  day  and  hour  prior  to  which  such  nomination 
papers  shall  be  filed;  and  the  day  on  which  the  several 
caucuses  will  be  held,  and  shall  be  issued  not  less  than 
eighteen  days  prior  thereto. 

SECTION  117.  At  least  two  weeks  prior  to  the  day 
named  for  a  caucus,  the  chairman  or  secretary  of  the  city 
or  town  committee  shall  give  notice  of  such  date  to  the 
aldermen  or  to  the  selectmen,  or  in  Boston  to  the  election 
commissioners,  who  shall,  at  least  ten  days  prior  to  such 
date,  notify  the  city  or  town  committee  of  the  places 
selected  for  holding  the  caucuses,  and  shall,  at  the  expense 
of  the  city  or  town,  provide  polling  places,  in  a  city  not 
less  than  one  for  each  ward,  and  in  cities  and  towns  where 
elections  or  caucuses  are  held  in  voting  precincts,  one  in 
each  of  such  precincts,  and  furnish  them  with  booths,  reg- 
istering ballot  boxes,  guard  rails  and  the  like,  as  they  are 
arranged  for  state  elections. 

If  twenty-five  voters  of  a  ward  or  of  a  town  shall  request 
in  writing  at  least  twelve  days  before  any  caucus  of  the 
political  party  to  which  they  belong,  the  aldermen  or  select- 
men shall  so  arrange  the  polling  place  of  such  ward  or 
town  as  to  allow  voting  to  proceed  in  two  or  more  lines  at 
the  caucus. 

SECTION  118.  At  least  seven  days  prior  to  the  day 
named  for  a  caucus,  the  city  or  town  committee  shall  issue 
a  notice  that  such  caucus  will  be  held,  stating  the  place, 
the  day  and  the  hour  of  holding  the  same.  The  hour  shall 
not  be  earlier  than  two  o'clock  in  the  afternoon  nor  later 
than  half-past  seven  o'clock  in  the  evening.  Notices  rel- 
ative to  the  filing  of  nomination  papers  or  for  caucuses 
shall  be  published  at  least  twice  in  one  or  more  local  news- 
papers if  there  are  any. 

SECTION  119.  The  city  or  town  shall  provide,  and  the 
city  or  town  clerk  or  election  commissioners  shall  season- 
ably prepare,  for  each  political  party,  blank  nomination 
papers  for  use  in  the  different  wards  of  the  city  or  in  the 
town.  Such  papers  shall  state  the  place  where,  and  the 
day  and  hour  prior  to  which,  signed  nomination  papers 
shall  be  filed.  On  the  back  of  each,  sections  one  hundred 
and  twenty  to  one  hundred  and  twenty-six,  inclusive,  shall 
be  printed.  They  shall  be  delivered  to  the  chairman  or 
secretary  of  the  political  committee  for  whose  use  they  have 
been  prepared,  and  to  no  other  person. 


CAUCUSES.  49 

SECTION  120.     Nominations  of  candidates  for  elective  Nominations 
offices,  for  delegates  to  a  convention,  for  caucus  officers,  ^  nomination 
for  a  ward  or  town  committee,  and  in  the  Suffolk  sena- 


torial  districts  for  members  of  a  state  committee,  to  be        '      -     - 


voted  for  at  a  caucus,  shall  be  made  by  nomination  pa- 

pers, as  hereinafter  provided.     Such  nominations  shall  be 

made  on  the  blank  nomination  papers  prepared  and  de- 

livered in  accordance  with  the  preceding  section;  and  no 

nomination  paper  offered  for  filing  shall  be   received  or 

shall  be  valid  to  which  is  attached  any  card,  paper  or  other 

device  containing  the  name  of  a  candidate,  his  written 

acceptance,  or  the  signature  of  any  voter  required  by  this 

section.     Such  papers  shall  be  signed  in  person  by  at  least  signatures* 

five  voters  of  the  ward  or  town  in  which  the  caucus  is  to  be 

held,  who  shall  be  members  of  the  political  party  holding 

the  caucus,  and  who  shall  add  to  their  signatures  the  street 

and  number,  if  any,  of  their  residences.     Such  papers  for 

a  district  composed  of  more  than  one  ward  or  town  shall 

be  signed  by  a  number  of  voters  equal  in  the  aggregate 

to  not  less  than  five  voters  for  each  ward  or  town  in  said 

district.      Nomination  papers   shall  not   contain   a  larger 

number  of  names  of  candidates  than  there  are  persons  to 

be  elected.     No  nomination  paper  in  Boston,  and  no  nom-  Acceptance  to 

ination  paper  in  any  other  city  or  town  except  for  a  dele-  hfatioiT^pers 

gate  or  delegates  to  a  convention,  shall  be  valid  in  respect  etc> 

to  any  candidate  whose  written  acceptance  is  not  thereon. 

No  vacancy  caused  by  the  death,  withdrawal  or  ineligi- 

bility  of  any  of  the  above  candidates  in  Boston,  and  no 

such   vacancy   in    any  other   city  or  town,    except   for   a 

delegate  or  delegates  to  a  convention,  shall  be  filled  in  the 

manner  provided  by  law,  unless  the  person  entitled  to  fill 

such  vacancy  files  the  written  acceptance  of  the  candidate 

who  is  nominated  to  fill  the  vacancy. 

SECTION   121.      The  nomination  paper  for  an  elective  Certain  infor- 
office  shall  give  the  name  of  the  candidate,  the  street  and  bTSvenTon- 
number,  if  any,  of  his  residence,  and  may,  in  not  more  candidates  for 
than  eight  words,  state  his  occupation,  the  public  offices  office^6 
he  has  held  or  that  he  is  a  candidate  for  renomination,  JV  fej1^- 

•  •i-ii  i-ii  §8  109,  137. 

provided  that  such  be  the  fact.  1904,275. 

rpi  -,.  >  ,.,  ,.  -,  1907,  429,  §5. 

Ine  nomination  paper  of  a  candidate  for  a  caucus  office,  candidates  for 
for  a  ward  or  town  committee  or  for  a  member  of  a  state  caucus  offices, 
committee  shall  state  the  street  and  number,  if  any,  of  his 
residence. 


50 


CAUCUSES. 


inventions! 


TO  be  sealed 
ten  week  days 

before  caucus. 

R.  L.  11,  §  no. 


TO  be  pub- 

holy  opened, 


Correction  of 
errors,  etc. 
R.L.  u,  §111. 


mrckilswhen 

fifeders  are  not 
R.  L.  11,  §  112. 


Ward  com- 

mittee  may 

nominate. 


led  in  case  of 


There  may  be  added  to  the  name  of  a  person  proposed 
as  a  delegate  to  a  convention,  a  statement  of  not  more 
than  eight  words  that  he  is  favorable  to,  or  is  pledged  to 
support,  or  to  oppose,  any  person  for  an  office  to  be  filled, 
or  is  favorable  to,  or  opposed  to,  any  public  measure,  or  is 
uncommitted. 

If,  under  the  provisions  of  this  section,  any  delegate 
OI>  se^  °^  delegates  is  described  on  a  nomination  paper  as 
favorable  to,  or  pledged  to  support,  any  person  for  an  office 
to  be  filled,  such  person  may,  within  two  week  days  after 
the  announcement  thereof,  file  with  the  secretary  of  the 
city  or  town  committee  a  written  request  to  have  said 
statement  stricken  from  the  nomination  paper,  and  the 
secretary  shall  do  the  same  forthwith,  and  said  nomination 
paper  shall  thereupon  be  void  and  of  no  effect. 

SECTION  122.  All  nomination  papers  shall  be  sealed 
Up  and  filed  in  the  office  of  the  secretary  of  the  city  or 

.  ,1-1  i       i 

town  committee  not  less  than  ten  week  days  previous  to 
the  day  on  which  the  caucus  is  to  be  held  for  which  the 
nominations  are  made,  and  the  secretary  shall  indorse  upon 
them  the  time  at  which  they  are  received  by  him.  They 

,-,,  -,  i  «i       i  •  ?  i      •        «V«  i 

shall  not  be  opened  until  the  time  for  their  filing  has 
expired,  when  the  secretary,  at  his  office,  shall  publicly 
open  them  and  publicly  announce  the  nominations  therein 
made. 

SECTION  123.     The  secretary  of  the  city  or  town  corn- 

.  -i      -i-i     •  i  •          i  •  .  •  i  m* 

mittee  shall  immediately  give  notice  to  the  person  nlmg 
the  nomination  paper  of  any  error,  irregularity  or  in- 
formality appearing  therein,  and  such  person  may,  within 
two  week  days  after  the  time  when  the  nomination  papers 
were  opened,  correct  the  same,  or  said  secretary  may  make 
such  correction. 

SECTION  124.  If,  in  a  city,  nomination  papers  placing 
persons  in  nomination  for  all  the  offices  to  be  filled  at  a 
caucus  in  any  ward  are  not  filed,  the  secretary  of  the  city 
committee  shall  forthwith  notify  the  chairman  or  secre- 
tary of  the  committee  of  such  ward,  who  shall  forthwith 
call  a  meeting  of  said  committee,  which  may  nominate 

.  »  .         >  .  J  , 

candidates  ior  all  omces  tor  which  nomination  papers  nave 
not  been  filed,  and  shall  immediately  file  with  the  secre- 
tary of  the  city  committee  nomination  papers  signed  by 
all  the  members  of  the  committee  who  agree  to  the  nomina- 
tions  therein  made.  In  case  of  disagreement  two  sets  of 
suc}1  nomination  papers  may  be  filed.  If,  at  the  expiration 


CAUCUSES.  51 

of  two  week  days  after  the  time  at  which  nomination  disagreement, 
papers  were  opened,  proper  nomination  papers  have  not 
been  filed  for  all  the  offices  to  be  filled,  or  upon  any  vacancy 
caused  by  death  or  otherwise,  except  a  withdrawal,  the 
chairman  and  secretary  of  the  city  committee  may  file 
nomination  papers  for  such  offices  or  vacancies. 

SECTION  125.    If,  in  a  town,  nomination  papers  placing  Proceedings  in 
persons  in  nomination  for  all  the  offices  to  be  filled  at  a  papers  are  not 
caucus  are  not  filed,  or  upon  a  vacancy  by  death  or  other-  §?Jun!j  113. 
wise,  except  a  withdrawal,  the  chairman  or  secretary  of 
the  town  committee  shall  forthwith  call  a  meeting  of  said 
committee,  which  shall  have  all  the  powers  relative  to  the 
nomination  of  candidates  conferred  in  the  preceding  sec- 
tion upon  a  ward  committee  and  the  chairman  and  secre- 
tary of  a  city  committee. 

SECTION  126.  A  person  who  is  nominated  by  a  nom-  Withdrawals, 
ination  paper  may,  within  forty-eight  week-day  hours  suc- 
ceeding five  o'clock  of  the  day  fixed  for  opening  nomination 
papers,  withdraw  his  name  from  nomination  by  a  request 
in  writing  signed  by  him  with  his  own  hand  and  filed 
with  the  secretary  of  the  city  or  town  committee.  There-  Vacancies, 

i     TI    •     rf       j»    .    i          •  .•  f  i     how  filled. 

upon,  the  secretary  shall  immediately  give  notice  of  such 
withdrawal  and  of  the  provisions  of  this  section  to  the 
person  who  filed  such  nomination  paper,  and  such  person 
may,  within  twenty-four  week-day  hours  succeeding  five 
o'clock  of  the  last  day  fixed  for  making  withdrawals, 
present  a  new  name  on  a  nomination  paper  signed  by  him- 
self with  his  own  hand ;  otherwise  the  chairman  and  sec- 
retary of  the  city  or  town  committee  may  file  nomination 
papers  for  the  vacancy. 

SECTION  127.     Not  less  than  seven  week  days  before  Papers  to  be 
the  day  upon  which  the  caucuses  are  to  be  held  and  before  cft^oTtown 
five  o'clock  in  the  afternoon  of  the  last  day,  the  secretary  election  coL- 
of  each  city  or  town  committee  shall  deliver  to  the  city  R^iTl'ns 
or  town  clerk,  or  in  Boston  to  the  election  commissioners, 
the  nomination  papers  filed  with  him. 

SECTION  128.     If  an  error  or  informality  is  found  in  Errors,  etc.. 
any  nomination  paper,  it  shall  be  forthwith  returned  to  befo^Tclr-^ 
the  secretary  of  the  committee  by  whom  it  was  filed,  for  R?L?ii?§eii6. 
correction ;  and  if  it  is  not  corrected  and  again  filed  before 
five  o'clock  in  the  afternoon  of  the  day  following  its  re- 
turn to  said  secretary,  it  shall  be  void. 

SECTION  129.     Objections  to  nomination  papers,  and  all  SSS»Ei^ 
other   questions   relating   thereto,    shall   be   considered   in  papers,  etc., 


52 


CAUCUSES. 


by  whom 
considered. 
1905,  386,  §  12. 


Cities  and 
towns  to  pro- 
vide ballots, 
etc. 
R.  L.  11,  §  117. 


Number  of 
ballots,  how 
determined. 


Specimen 
ballots. 


Form  of  official 
ballot. 
R.  L.  11, 
§§  118,  137. 


Arrangement 
of  names. 


To  be  ar- 
ranged in 
groups  in 
order  of  filing. 


Street  and 
number  of 
residence  to 
be  printed. 


Certain  state- 
ment to  be 
printed. 


Names  to  be 
printed  on 
ballot,  blank 
spaces  to  be 
provided,  etc. 


Boston  by  the  ballot  law  commission  of  said  city ;  in  other 
cities  by  the  board  of  registrars,  the  city  clerk  and  the  city 
solicitor;  and  in  towns  by  the  board  of  registrars. 

SECTION  130.  The  city  or  town  shall  provide  and  the 
city  or  town  clerk,  or  in  Boston  the  election  commissioners, 
shall  prepare  ballots  to  be  used  in  caucuses,  in  accordance 
with  the  provisions  of  this  chapter,  and  no  other  ballots 
shall  be  received  or  counted.  No  ballots  as  herein  pro- 
vided shall  be  printed  in  any  printing  establishment 
owned  or  managed  by  the  city  of  Boston. 

The  chairman  and  secretary  of  the  city  or  town  com- 
mittee may  determine  the  number  of  ballots  to  be  provided 
for  each  ward  or  town,  not  exceeding  one  for  each  voter 
therein.  If  they  fail  so  to  do,  the  city  or  town  clerk, 
or  in  Boston  the  election  commissioners,  shall  determine 
the  number.  At  least  six  facsimile  copies  of  the  ballot, 
printed  on  colored  paper,  shall  be  provided  for  each  polling 
place  as  specimen  ballots. 

SECTION  131.  At  the  top  of  each  ballot  shall  be  printed 
the  words  "  The  official  ballot  of  (here  shall  follow  the 
party  name).77  On  the  back  and  outside  of  each  ballot 
when  folded  shall  be  printed  the  words  "  Official  ballot 
of  the  (here  shall  be  inserted  the  party  name)",  followed 
by  the  number  of  the  ward  or  the  name  of  the  town  for 
which  the  ballot  is  prepared,  the  date  of  the  caucus  and  a 
facsimile  of  the  signature  of  the  secretary  of  the  political 
committee.  Names  of  candidates  for  each  elective  office 
shall  be  arranged  alphabetically  according  to  their  sur- 
names. 

Names  of  candidates  for  caucus  officers,  for  ward  or 
town  committees,  and  for  delegates  to  conventions  shall  be 
arranged  in  groups  in  the  order  in  which  they  are  filed. 

Against  the  name  of  a  candidate  for  a  caucus  office, 
for  an  elective  office,  for  a  ward  or  town  committee  or 
for  a  member  of  a  state  committee  shall  be  printed  the 
street  and  number,  if  any,  of  his  residence. 

Against  the  name  of  a  candidate  for  an  elective  office 
or  for  a  political  convention  shall  be  printed  the  state- 
ment contained  in  the  nomination  paper  placing  him  in 
nomination. 

No  names  shall  be  printed  on  a  ballot  other  than  those 
presented  on  nomination  papers.  Immediately  following 
the  names  of  candidates,  blank  spaces  equal  to  the  number 


CAUCUSES.  53 

of  persons  to  be  chosen  shall  be  provided  for  the  insertion 
of  other  names. 

The  number  of  persons  to  be  voted  for  for  the  different  Number^be 
offices  shall  be  stated  on  the  ballot.  be  stated  on 

A  star  (*)  against  a  name  shall  indicate  that  a  person  A.  «tar  to  indi- 
is  a  candidate  for  re-election.     The  form  of  ballots  and 


the   arrangement   of   printed  matter   thereon   shall   be   in  etc. 
general  the  same  as  that  of  the  official  state  ballots,  except 
as  herein  otherwise  provided. 

SECTION  132.     A  cross   [  X  ]  marked  against  a  name  A  cross  to 
shall  constitute  a  vote  for  the  person  so  designated.     A  votejetof  a 
cross  in  the  circle  at  the  head  of  an  entire  group  of  candi-  ^4;  |oi?  119' 
dates  for  ward  committees  or  for  delegates  to  a  convention 
shall  count  as  a  vote  for  each  candidate  therein.     A  voter 
may  vote  for  one  or  more  candidates  in  any  such  group 
by  marking  a  cross  against  the  name  of  each  such  candi- 
date, or  he  may  insert  another  name  and  mark  a  cross 
against   it.      If  he   votes   for   more   candidates    than  the 
number  to  be  elected,  his  vote  shall  not  be  counted. 

SECTION  133.     The  city  or  town  clerk,  or  in  Boston  the  Delivery  of 
election  commissioners,  before  the  opening  of  the  polls  on  at  potting0*1 
the  day  of  the  caucus,  shall,  at  the  expense  of  the  city  or  RlaLesii,  §  120. 
town,   prepare    and   deliver   at  the   polling   place   to   the 
warden  or,  if  he  is  not  present,  to  the  clerk  or,  if  both 
are  absent,  then  to  any  inspector,  ballot  boxes,  the  ballots, 
specimen  ballots,  voting  lists,  suitable  blank  forms   and 
apparatus   for  canvassing   and   counting  the   ballots   and 
making  the  returns,  a  seal  of  suitable  device  and  a  record 
book  for  each  polling  place.     The  presiding  officer  at  each  specimen 
polling  place  shall,  before  the  opening  of  the  caucus,  con-  posted,  etc36 
spicuously  post  in  such  polling  place  at  least  six  specimen 
ballots,  which  shall  be  kept  so  posted  until  the  polls  are 
closed. 

SECTION  134.    Caucuses,  except  as  herein  otherwise  pro-  certain  pro- 
vided, shall  be  held  in  general  accordance  with  the  provi-  to8ap1piy?  la 
sions  of  law  for  the  conduct  of  elections  and  the  manner  R-  L-  n>  §  12i* 
of  voting  thereat. 

SECTION  135.     The  order  of  business  shall  be  as  fol-  {J^neM 
lows  :  —  R-  L-  n'  §  122- 

First,  Any  necessary  preliminary  business. 

Second,  Balloting  until  half-past  eight  o'clock  in  the 
evening,  when  the  polls  shall  be  closed  unless  the  caucus 
shall  vote  to  keep  them  open  until  a  later  hour  ;  but  every 


54:  CAUCUSES. 

voter  waiting  in  line  at  the  hour  for  closing  the  polls  shall 
be  allowed  to  vote. 

Third,  After  the  polls  have  been  closed,  any  other  busi- 
ness which  is  properly  before  the  caucus. 

challenging  of  SECTION  136.  If  the  right  of  a  person  offering  to  vote 
R°L.U,C§  123.  is  challenged  for  any  legal  cause,  the  presiding  officer 
shall  require  him,  or  some  one  in  his  behalf,  to  write  his 
name  and  residence  on  the  outside  of  the  ballot  offered, 
and  before  it  is  received  the  presiding  officer  shall  add 
thereto  the  name  of  the  person  challenging  and  the  cause 
alleged  for  the  challenge;  but  no  caucus  officer  shall  re- 
ceive any  ballot  which  by  law  he  is  required  to  refuse. 
No  officer  or  other  person  shall  give  any  information  in 
regard  to  a  ballot  cast  by  a  challenged  voter  unless  re- 
.  quired  by  law  so  to  do. 

Counting  of  SECTION  137.  Immediately  after  the  polls  have  been 
Ra  L.  11,  §c  124.  declared  closed,  but  not  before,  the  ballots  shall  be  counted 
in  full  view  of  the  voters.  When  they  have  been  counted 
and  the  result  has  been  ascertained,  the  presiding  officer 
shall  make  public  announcement  thereof  in  open  meeting, 
and  the  clerk  shall,  in  open  meeting,  enter  in  words  at 
length  in  the  record  book,  the  total  number  of  names 
checked  on  the  voting  list,  the  total  number  of  ballots  cast, 
the  names  of  all  persons  voted  for,  the  number  of  votes 
for  each  person,  and  the  title  of  the  delegation  or  office 
for  which  he  was  a  candidate.  The  clerk  shall  forthwith 
make  a  copy  of  said  record,  certify  and  seal  the  same,  and 
transmit  it  to  the  city  or  town  clerk,  or  in  Boston  to  the 
election  commissioners.  He  shall  then,  before  the  adjourn- 
ment of  the  caucus,  and  in  the  presence  of  those  who 
counted  the  same,  seal  up  all  ballots  cast,  with  the  voting 
lists  used,  and  a  statement  of  any  challenge  which  may 
have  been  made. 

The  warden  and  clerk  shall  indorse  upon  such  package 
t*ie  name  °f  tne  political  party  holding  the  caucus,   its 
tionkcomelec"     date,  its  purpose,  and,  if  in  a  city,  for  what  ward  the 
missioners,  etc.  ballots  were  cast.     The  warden  shall  forthwith  transmit, 
by  the  officer  detailed  to  attend  the  caucus,  to  the  city  or 
town  clerk,  or  in  Boston  to  the  election  commissioners,  the 
ballots  cast,  the  voting  lists,  the  ballot  boxes,  the  ballot 
box  seals,  the  counting  apparatus,  the  copy  of  the  records, 
and  the  record  book. 

Stsetdopbaeck"          Tne  citJ  or  town  clerk  or  election  commissioners  shall 
kept,  etc.         safely  keep  such  sealed  packages  for  ten  days.     If  within 


CAUCUSES.  55 

said  time  ten  voters  entitled  to  vote  in  said  caucus  file 
with  them  a  written  request  so  to  do,  they  shall  preserve 
said  ballots  and  voting  lists  for  three  months  and  shall 
produce  them  if  required  by  any  court  or  convention  hav- 
ing jurisdiction  or  authority  over  the  same. 

SECTION  138.     The  city  or  town  clerk,  and  in  Boston  Certified  copy 

,1  n       ,.  .      .        *  .7?  T       ,.  of  voting  list 

the    election    commissioners,    upon    written    application,  as  checked 
signed  by  at  least  ten  voters  of  a  ward  or  town,  for  a  Sshedefl 
copy  of  a  list  as  checked,  may  open  the  envelope  contain-  R- L-  n-  § 125- 
ing  the  voting  list  used  at  any  caucus  in  such  ward  or 
town  and  shall  furnish  to  them  a  certified  copy  thereof  as 
checked. 

SECTION  139.  If  before  five  o'clock  in  the  afternoon  of  SgJ^j* 
the  second  day  next  succeeding  the  day  of  any  caucus,  R- L- 11»  § 126- 
ten  or  more  voters  of  any  town  or  ward  shall  sign,  adding 
thereto  their  respective  residences  on  the  first  day  of  May 
of  that  year,  and  file  with  the  city  or  town  clerk,  or  in 
Boston  with  the  election  commissioners,  a  statement  under 
oath  that  the  records  and  returns  made  by  the  caucus 
officers  of  such  town  or  ward  are  erroneous,  specifying  the 
error,  or  that  challenged  votes  were  cast  by  persons  not 
entitled  to  vote  therein,  said  city  or  town  clerk  shall  forth- 
with transmit  such  statement  to  the  registrars  of  voters 
with  the  sealed  packages  containing  the  ballots  and  voting 
lists,  and  said  registrars  or  election  commissioners  shall 
give  notice  in  writing  to  the  person  affected,  fixing  a  place 
and  time,  as  early  as  may  be,  at  which  said  ballots  will  be 
recounted  and  at  such  place  and  time  shall  open  the  pack- 
ages containing  the  ballots  and  voting  lists  and  recount 
said  ballots  and  determine  the  questions  raised,  and  shall 
reject  any  challenged  vote  cast  by  a  person  found  not  to 
have  been  entitled  to  vote;  and  such  recount  shall  stand 
as  the  true  result  of  the  vote  cast  in  such  caucus.  Each 
candidate  affected  may  be  present  during  such  recount, 
or  may  be  represented  by  an  agent  appointed  by  him  in 
writing.  If  it  shall  appear  upon  a  recount  that  persons 
were  nominated  or  elected  other  than  those  declared  to 
have  been  nominated  or  elected,  certificates  of  such  change 
shall  be  made  as  in  the  case  of  the  original  certificate. 

SECTION  140.    At  the  caucus  held  for  the  choice  of  dele-  Caucus  officers, 
gates  to  the  state  convention  there  shall  be  chosen  annually  R.  L.  11,  §  127. 
a  warden,   a  clerk,  and  at  least  five  inspectors,   and,   in 
wards   having  more   than  five  precincts,   such   additional 
inspectors   as   the   city  committee   of  the  political  party 


56 


CAUCUSES. 


Certain  per- 
sons not 
eligible,  etc. 


Term  of 
office,  oath, 
etc. 


Duties. 


Vacancies, 
additional 
officers,  etc. 
R.  L.  11,  §  129. 


Appointment 

of  officers  to 

serve  at  first 

caucus. 

R.  L.  11,  §  130. 

1906,  444,  §  3. 


In  a  newly 
incorporated 
city  9r  a  re- 
division  into 
wards. 
R.  L.  11,  §  131 


whose  caucuses  are  to  be  held  may  determine.  They  shall 
be  voters  of  the  ward  or  town  in  which  they  are  elected 
and  members  of  the  political  party  whose  caucus  is  to  be 
held.  ]STo  person  shall  be  eligible  to  the  position  of  warden 
or  clerk  or  inspector  who  is  a  state,  county  or  city  em- 
ployee, or  who  is  a  member  of  a  ward  or  town  committee, 
and  no  person  shall  serve  as  a  caucus  officer  at  any  caucus 
wherein  he  is  a  candidate  for  a  nomination  to  an  elective 
office,  or  for  ward  or  town  committee.  Every  caucus  officer 
shall  hold  office  for  one  year,  beginning  with  the  first 
day  of  October  succeeding  his  election,  and  until  his  suc- 
cessor is  elected.  He  shall,  before  entering  upon  the 
performance  of  his  duties,  be  sworn  to  the  faithful  per- 
formance thereof  by  the  warden,  clerk,  or  a  justice  of  the 
peace,  and  a  record  of  such  oath  shall  be  made  upon  the 
record  book  of  such  caucus.  The  respective  duties  of 
caucus  officers  shall  be  in  general  the  same  as  are  required 
of  election  officers  at  elections. 

SECTION  141.  A  majority  of  the  caucus  officers  present 
at  a  caucus,  may  fill  temporary  vacancies  and  elect  addi- 
tional officers  to  serve  in  that  caucus  only.  Such  tem- 
porary officers  shall  be  duly  sworn.  Permanent  vacancies 
shall  be  filled  by  a  majority  vote  of  all  the  caucus  officers. 

SECTION  142.  A  city  or  town  committee  of  a  political 
party  which  has  adopted  the  provisions  of  law  for  the 
use  of  official  ballots  shall,  at  least  ten  days  before  holding 
any  caucus  thereunder,  appoint  caucus  officers  in  each 
ward,  town,  or  voting  precinct  in  cities  and  towns  where 
elections  or  caucuses  are  held  in  such  precincts,  to  serve 
at  the  first  caucus  to  be  held  thereafter. 

SECTION  143.  In  a  newly  incorporated  city,  or  upon  a 
re-division  into  wards  of  a  city  to  which  the  said  provisions 
apply,  the  caucus  officers  to  serve  in  the  first  caucuses 
held  in  the  next  succeeding  year  shall  be  appointed  by  the 
city  committee;  and  at  such  caucuses  the  regular  caucus 
officers  shall  be  chosen. 


primaries 


JOINT   CAUCUSES   OK   PRIMARIES   OF  POLITICAL  AND  MUNIC- 
IPAL PARTIES. 

SECTION  144.  All  caucuses  of  political  and  municipal 
parties  in  Boston  and  in  cities,  and  in  towns  using  official 
ballots,  which  vote  that  primaries  shall  be  held  therein, 


CAUCUSES.  57 

except  caucuses  to  elect  delegates  to  conventions  held  for  i|03,  454,  §§2, 

the  election  of  delegates  to  national  conventions,  and  for 

the  choice  of  ward  committees  after  the  change  of  ward 

lines,  shall  be  held  at  the  same  time  and  place  as  primaries, 

and   shall   be   conducted   in  general   accordance  with  the 

provisions  of  law  concerning  the  conduct  of  elections  and 

the  manner  of  voting  thereat,  except  as  otherwise  provided 

herein. 

SECTION  145.     In  any  city  or  town  which  has  adopted  adaption  or 
the  provisions  of  law  for  nominating  by  primaries,   the  jJVguJj£itted 
following  question  shall  be  put  on  the  official  ballot  at  any  to  voters  upon 

& .  *  .  .    .  ,.    n   J    petition. 

city  election  or  annual  town  meeting  on  petition  of  nve  1903, 454,  §§2, 
per  cent  of  the  voters  registered  at  the  time  of  the  pre-  1964, 41. 
ceding  city  election  or  annual  town  meeting,  filed  with  1'K)5'386- § 17- 
the  city  or  town  clerk  on  or  before  the  last  day  of  filing 
nomination  papers :  —  "  Shall  joint  caucuses  or  primaries 
continue  to  be  held  in  this  city  (or  town)  ?  "  In  any 
city  or  town  not  nominating  by  primaries  the  following 
question  may,  by  similar  petition,  be  put  on  the  ballot 
at  the  next  city  election  or  annual  town  meeting :  — 
u  Shall  joint  caucuses  or  primaries  be  held  in  this  city 
(or  town)  ?  "  In  the  event  of  an  affirmative  or  negative 
vote  on  these  questions,  primaries  shall  or  shall  not  there- 
after be  held  accordingly,  except  that  in  case  of  an  affirm- 
ative vote  in  a  town  the  provisions  shall  not  apply  to 
caucuses  for  the  nomination  of  town  officers,  unless  ex- 
pressly provided  in  the  vote. 

Clerks  of  cities  or  towns  which  vote  to  hold  primaries  Secretary  of 
or  to  rescind  such  action  shall  forthwith  notify  the  sec-  weaiTt? be" 
retary  of  the  commonwealth  of  such  vote.  notified. 

SECTION  146.     Notices  of  intention  to  participate  in  Notices  of 
primaries  shall  be  furnished  by  the  city  and  town  com-  pnaret?cipate°in 
mittees  of  such  political  and  municipal  parties  as  are  en-  KSJES.*0  be 
titled  to  and  desire  to  participate  therein  not  less  than  1905>  386>  §  n< 
twenty-two  days  prior  to  the  day  on  which  the  primaries 
are  to  be  held,  to  the  election  commissioners  in  Boston, 
the  city  clerk  in  other  cities  or  the  town  clerk  in  towns. 
Said  notices   shall   state   the  number  of  delegates  to  be 
chosen  to  each  convention  and  the  number  of  members  of 
a  ward  or  town  committee  to  be  elected  in  each  ward  or 
town. 

SECTION  147.     In  Boston  notices  of  primaries  shall  be  Notices  of 
issued  not  less  than  twenty-two  days  prior  to  the  day  on 


58 


CAUCUSES. 


Filing  of 
nomination 
papers  in 
Boston. 
1903,  454,  §  3. 


Days  of  hold- 
ing primaries. 
1903,  454,  §  4. 


To  be  held  by 
precincts  in 
certain  places. 


Nominations. 
1903,  454,  §  5. 


Ballots,  ballot 
boxes,  etc. 
1903,  454,  §  6. 


Certain  pro- 
visions of  law 
to  apply. 
1903,  454,  §  7. 


which  the  primaries  are  to  be  held,  domination  papers 
shall  be  sealed  up  and  filed  in  the  office  of  the  secretary 
of  the  city  committee  of  the  party  making  the  nominations 
not  less  than  fourteen  week  days  prior  to  the  day  upon 
which  the  primary  is  to  be  held  for  which  the  nominations 
are  made;  and  the  secretary  of  each  city  committee  shall 
deliver  to  the  election  commissioners,  not  less  than  ten 
week  days  before  the  day  upon  which  the  primaries  are 
to  be  held  and  before  five  o'clock  in  the  afternoon  of  the 
last  day,  the  nomination  papers  filed  with  him. 

SECTION  148.  Primaries  shall  be  held  on  the  sixth 
Tuesday  preceding  state  elections,  on  the  third  Tuesday 
preceding  city  elections,  except  in  Boston,  where  they  shall 
be  held  on  the  fourth  Thursday  preceding  the  city  election, 
and  on  the  second  Tuesday  preceding  town  elections,  or 
any  special  election. 

In  Boston  they  shall  be  held  by  precincts  as  established 
for  elections;  elsewhere,  wholly  or  partly  by  wards,  pre- 
cincts or  towns,  as  the  board  of  aldermen  or  selectmen 
may  from  time  to  time  determine. 

SECTION  149.  Nominations  shall  be  made  in  accordance 
with  the  provisions  of  sections  one  hundred  and  nineteen 
to  one  hundred  and  twenty-eight,  inclusive,  except  as 
otherwise  provided  in  section  one  hundred  and  forty-seven. 

SECTION  150.  Ballots  for  each  political  and  municipal 
party,  ballot  boxes,  voting  lists,  specimen  ballots,  blank 
forms  and  apparatus,  seals  and  record  books,  shall  be 
provided  and  treated  in  accordance  with  the  provisions 
of  sections  one  hundred  and  thirty  to  one  hundred  and 
thirty-three,  inclusive,  of  this  chapter,  except  that  the 
number  of  ballots  shall  be  determined  by  the  election  com- 
missioners in  Boston,  by  the  city  clerk  in  any  other  city, 
and  by  the  town  clerk  in  towns,  and  shall  not  for  any  ward 
or  town  exceed  one  ballot  of  each  party  for  each  voter 
therein;  and  the  ballots  for  each  party  shall  be  printed  on 
paper  of  a  different  color  from  that  on  which  the  ballots 
for  any  other  party  are  printed. 

SECTION  151.  The  provisions  of  law  relating  to  elec- 
tion officers,  voting  places  for  elections,  election  apparatus 
and  blanks,  calling  and  conduct  of  elections,  manner  of 
voting  at  elections,  counting  and  recounting  of  votes  at 
elections,  the  provisions  of  section  two  hundred  and  seventy- 
six  of  this  chapter,  corrupt  practices,  and  penalties,  shall 
apply  to  primaries,  except  as  otherwise  provided  herein. 


CAUCUSES.  59 

SECTION  152.     The  election  commissioners  in  Boston,  Officers  may 
the  city   clerks  in  other  cities,   and  the  town  clerks  in  toservfTat6 
towns  may  designate  two  inspectors  and  two  deputy  in-  i"o?,a386,  §  13. 
spectors,    representing  the  two  leading  political   parties, 
instead  of  a  larger  number,  to  serve  at  the  primaries,  and 
from  the  whole  body  of  election  officers  they  may  desig- 
nate officers  equally  representing  the  two  leading  political 
parties  to  serve  as  tellers  in  any  precinct  or  ward  during 
part  of  the  day  for  the  purpose  of  receiving  ballots,  check- 
ing names,  or  canvassing  and  counting  votes,  such  tellers 
to  receive  such  part  of  a  full  day's  compensation  of  elec- 
tion officers  as  the  election  commissioners  in  Boston,  the 
board  of   aldermen   in  other  cities,   or  the  selectmen   in 
towns,  may  determine. 

SECTION  153.     In  wards  or  towns  where  at  elections  Same  subject. 

, .          .     ,  .  ,  .  .        ,    .  1903,  454,  §  8. 

voting  is  by  precincts,  but  at  primaries  by  wards  or  towns, 
the  city  or  town  clerk  shall  designate  which  of  the  election 
officers  shall  serve  as  primary  officers. 

SECTION   154.     Except  in  Boston  no  person  shall  be  Certain  per- 

•  •  n~>  i  sons  not 

ineligible  to  serve  as  a  primary  officer  because  he  is  a  ineligible  as 
candidate  for  or  member  of  a  ward  or  town  committee.       oficeref 

SECTION  155.    The  polls  at  every  primary  shall  be  open  Polls'to  b'e 
during  such  hours,  not  less  than  nine  in  cities  or  four  in  Jj^Jhours 
towns,    as   may  be   designated  by   the  board   of  election  1003, 454,  §  ib. 
commissioners   in  Boston,   the   aldermen  of   other   cities, 
and  the  selectmen  of  towns. 

SECTION  156.     When  in  a  primary  the  voter  seeks  to  Enrolment  of 
pass  the  guard  rail,  he  shall  be  asked  by  one  of  the  ballot  i903?454tc§  11. 
clerks  which  party  ballot  he  desires,  and  the  ballot  clerk  I907f  429>  §  14> 
upon  reply  shall  distinctly  announce  the  same  and  give 
him   such   party   ballot.      The  voter's   selection    shall   be 
checked  on  the  voting  list  used  by  the  ballot  clerks,  and 
said  list  shall  be  returned  to  the  election  commissioners  in 
Boston,  or  to  the  city  clerk  in  any  other  city,  or  to  the 
town   clerk   in   towns,    for   preservation   during  the    suc- 
ceeding calendar  year.     A  copy  of  the  party  entries  on 
such  list  .shall  be  used   at   subsequent  primaries   for  de- 
termining with  what  party  the  voter  has  been  enrolled. 

No  voter  enrolled  under  the  provisions  of  this  chapter  Enrolment 
shall  be  allowed  to  receive  the  ballot  of  any  political  party  changed,  etc. 
except   that  with   which   he   is   so   enrolled,   but   he  may 
change  his  enrolment  by  appearing  in  person  before  the 
election  commissioners  in  Boston,  the  city  clerk  in  any 
other  city,  or  the  town  clerk  in  towns,  and  requesting  in 


60 


CAUCUSES. 


Voter  denying 
accuracy  of 
enrolment  to 
take  oath. 


writing  to  have  his  enrolment  changed  to  another  party; 
but  such  change  shall  not  take  effect  until  the  expiration 
of  ninety  days  after  the  voter  so  appears ;  but  the  political 
party  enrolment  of  a  voter  shall  not  preclude  him  from 
receiving  at  a  primary  the  ballot  of  any  municipal  party, 
though  in  no  one  primary  shall  he  receive  more  than  one 
party  ballot. 

No  voter  who  denies  the  accuracy  of  his  enrolment  may 
deposit  his  ballot  until  he  takes  the  following  oath  which 
shall  be  administered  to  him  by  the  presiding  officer  of 
the  primary :  — 


Form. 


You  do  solemnly  swear,  or  affirm,  that  you  are  a  registered  voter 
in  this  ward  (or  town),  and  have  the  legal  right  to  vote  in  this 
primary  and  that  you  are  a  member  of  the  party  par- 

ticipating in  the  same  and  are  incorrectly  enrolled  as  a  member  of 
the  political  party. 


Record  of 
administra- 
tion of  oath 
to  be  made, 
etc. 


Counting  of 

votes. 

1903,  454,  §  12. 


Canvass  of 
returns  of 
votes,  etc. 
1903,  454, § 
1905,  386,  § 


Certificates  of 
nominations. 


The  clerk  or  secretary  of  the  primary  shall  make  a 
record  of  the  administration  of  said  oath  to  every  person 
who  takes  the  same,  which  record  shall  state  whether  or 
not  said  person  voted.  Said  record  shall  be  returned 
with  the  proceedings  of  said  primary  and  shall  be  prima 
facie  evidence  in  any  court  that  such  person  took  said 
oath  and  voted  in  said  primary.  Such  voter  may  be 
challenged  like  any  other  voter. 

SECTION  157.  In  the  counting  of  votes  when  the  ballots 
are  removed  from  the  ballot  box,  they  shall  first  be  sorted 
into  piles,  one  for  each  party,  and  each  pile  shall  be 
counted  and  sealed  separately.  Votes  shall  be  counted 
only  for  nominations  of  the  party  on  whose  ballot  they 
appear. 

SECTION  158.  The  election  commissioners  in  Boston, 
the  city  clerks  in  other  cities,  and  town  clerks  in  towns, 
shall  canvass  the  returns  of  votes,  determine  the  results, 
issue  proper  certificates  thereof  to  the  successful  candi- 
dates, and  notify  the  chairmen  of  the  city  or  town  com- 
mittees of  the  respective  parties  as  to  the  persons  who 
have  been  elected  delegates  to  conventions  and  members 
of  ward  and  town  committees. 

They  shall  also  certify  to  the  facts  required  by  law  as 
to  certificates  of  nominations  of  representatives  to  the 
general  court,  and  shall  file  such  certificates  with  the  sec- 


CAUCUSES.  61 

retary  of  the  commonwealth  on  or  before  the  Thursday 
designated  by  law  therefor. 

SECTION  159.     If  a  majority  of  a  delegation  or  of  a  Filling  of 
ward  or  town  committee  is  not  elected,  or  if  there  is  a  tie  rSosTSff,'  §  H. 
vote  for  candidates  for  an  elective  office,  the  vacancy  shall  1!  I05>  386>  §  15' 
be  filled  according  to  the  provisions  of  section  one  hundred 
and  eighty-one  of  this  chapter  and  the  city  or  town  clerk, 
or  in  Boston  the  election  commissioners,  shall  notify  the 
chairman  or  secretary  of  the  committee  of  the  political 
party  interested. 

SECTION-  160.     In  Boston  petitions  for  recounts  after  Petitions  for 
primaries  shall  be  filed  before  five  o'clock  in  the  after-  Beaton.  " 
noon  of  the  second  day  thereafter.  >03>  454>  §  15> 


PROVISIONS    APPLYING    TO    CAUCUSES    OTHER    THAN    THOSE 
OF    POLITICAL    PARTIES. 

SECTION  161.  A  caucus  of  the  voters,  or  of  a  specified 
portion  thereof  in  a  ward  of  a  city,  or  in  a  town,  may  be 
called  and  held  for  the  nomination  of  candidates  to  be  voted  certain 
for  at  any  city  election,  or  at  any  election  of  town  officers  it.  L.  n,'§  132. 
for  which  official  ballots  are  used,  or  for  the  selection  of 
delegates  to  a  convention,  or  for  the  appointment  of  a 
committee.  A  like  caucus  in  any  representative  district 
may  be  held  for  the  nomination  of  a  candidate  for  repre- 
sentative in  the  general  court;  but  otherwise  no  nomina- 
tion of  a  candidate  to  be  voted  for  in  an  electoral  district 
or  division  containing  more  than  one  town  or  more  than 
one  ward  of  a  city  shall  be  made  by  a  caucus.  The  pro- 
ceedings of  such  caucuses  shall  be  invalid  unless  at  least 
twenty-five  voters  participate  and  vote  therein.  Except 
as  provided  in  this  section,  no  caucus  or  meeting  other 
than  those  of  political  parties  shall  be  entitled  to  nominate 
a  candidate  whose  name  shall  be  placed  on  the  official 
ballot,  or  to  select  delegates  to  a  political  convention  for 
the  nomination  of  a  candidate  whose  name  shall  be  placed 
on  such  ballot. 

SECTION  162.     The  notice  for  a  caucus  under  the  pre-  Notice  of 
ceding  section  shall  be  written  or  printed,  shall  state  the  ifULUiie§ci33. 
place  where,  and  the  day  and  hour  when,  said  caucus  is 
to  be  held,  shall  be  issued  at  least  seven  days  prior  thereto, 
and  shall  be  conspicuously  posted  in  at  least  five  places 
on  lines  of  public  travel,   and,   if  practicable,   in   every 


62  NOMINATION   OF    CANDIDATES. 

post  office  within  the  city  or  town,  or  shall  be  published 
at  least  twice  in  one  or  more  local  newspapers.      Said 
notice  shall  be  signed  by  one  or  more  voters  of  the  ward, 
town  or  district  for  which  the  caucus  is  called,  and  shall 
designate  by  name  or  office  the  person  wrho  shall  call  such 
caucus  to  order,  and  he  shall  preside  until  a  chairman  is 
chosen.     In  his  absence,  the  caucus  may  choose  a  tern- 
First  busi-        porary  chairman.      The  first  business   in   order  shall   be 
ness,  etc.          ^e  organization  of  the  caucus  by  the  choice  of  a  chairman, 
a  secretary,   and  such  other  officers  as  the  meeting  may 
require.      The   persons   receiving  the   highest  number   of 
votes  shall  be  declared  elected  or  nominated.     The  caucus 
may  adopt  regulations  not  inconsistent  with  this  chapter, 
baiiot^pon  SECTION  163.     Upon  the  written  request  of  ten  or  more 

written  re-        voters  present  at  a  caucus  and  entitled  to  vote  therein, 

quest,  etc.  .  . 

R.  L.  11,  §  134.  presented  by  motion  or  otherwise  to  the  presiding  officer 
for  the  time  being,  at  any  time  before  the  choice  of  the 
officer   to   which    it   relates,    any   candidate,    delegate    or 
member  of  a  political  committee,  and  unless  the  caucus 
votes    otherwise,    the    chairman    of   the   caucus,    shall   be 
elected  by  ballot.     In  balloting,  the  voting  lists  furnished 
under  section  sixty-seven  shall  be  used  as  check  lists. 
ofTS^ts^and        SECTION  164.     The  secretary  of  a  caucus  held  under 
etcting  listSt      the  provisions  of  the  three  preceding  sections  shall,  at  the 
R.  L.  11,  §  135.  request  in  writing  of  ten  voters  entitled  to  vote  in  the 
caucus,    preserve    all   ballots   cast    and   voting  lists   used 
therein  for  three  months,  and  shall  produce  the  same  if 
required   by   any   court,   board,   convention   or   other   tri- 
bunal having  jurisdiction  thereof. 


NOMINATION  OF  CANDIDATES. 

SECTION  165.     A  convention  of  delegates,  a  caucus  or 
a  Primary  held  in  accordance  with  the  provisions  of  this 
R.  L.  11,  §  136.  chapter  for  the  commonwealth,  or  for  a  district,  county, 

1903,  454.  .     -  ,  .  ,  J; 

city,  town  or  ward  may  make  one  nomination  except  that 
at  a  primary  one  nomination  for  each  political  party  tak- 
ing part  therein  may  be  made  for  each  office  to  be  filled 
at  an  election  therein,  and  shall  be  entitled  to  have  the 
names  of  all  candidates  so  nominated  placed  upon  the 
official  ballot  upon  filing  a  certificate  of  nomination  as 
hereinafter  provided.  A  party  may  make  a  nomination 
parties.  for  an  office  to  ^e  filled  by  election  in  the  commonwealth, 


NOMINATION   OF    CANDIDATES.  63 

or  in  any  district,  county,  city,  town  or  ward,  when  at 
the  five  preceding  annual  elections  it  polled  in  the  com- 
monwealth, or  in  such  district,  county,  city,  town  or  ward, 
respectively,  a  number  of  votes  for  governor  equal  to  the 
number  of  voters  required  to  nominate  by  nomination 
papers  a  candidate  for  the  office  so  to  be  filled. 

SECTION  166.*  The  candidates  of  all  political  parties  Certain  candi- 
for  the  office  of  representative  in  congress  in  the  ninth,  nomfnSed'W 
tenth   and  eleventh  districts,   councillor  in  districts  com-  ?a!fty  vote, 
posed  wholly  of  Suffolk  senatorial  districts,  senator  in  the  J^-  ^3-7§  137- 
Suffolk  districts,  representative  in  the  general  court  and 
for  elective  city  offices  to  be  voted  for  in  two  or  more 
wards,  except  school  committee  in  Boston,  shall  be  nom- 
inated by  direct  plurality  vote  in  caucuses  or  primaries. 

The  persons  who  in  the  aggregate  of  all  the  ballots  cast 
at   such   caucuses   or  primaries   in   each   district   for   the  highest  num- 

, .  -,  ,    *..  .  i         i  •    i  i  c    ber  of  votes 

several   candidates   shall   receive   the   highest   number   01  to  be  the 
votes  shall  be  the  candidates  nominated.  nominated. 

SECTION   16T.     All  provisions   of  law  relative  to  the  Certain  pro- 

,.  j,  ...  Jin-  visions  of  law 

preparation  of  nomination  papers  and  ballots,  to  caucuses,  to  apply, 
primaries  and  elections,  to  ballots  cast  at  caucuses,  pri-  Jgosj  454? l< 
maries    and   elections,    to   recounts   of   such   ballots,    and 
to   certificates   of  nomination,   shall,    so   far   as   they   are 
applicable,  apply  to  caucuses  held  for  direct  nominations. 

SECTION  168.     No  convention  to  nominate  candidates  Caiijng  and 
for  any  state  or  city  office  shall  be  called  for  or  held  on  a  conventions. 

i     ,  T  ,i  f  r,  ,1         i      i  T  c    ,1  R.  L.  11,  §  140. 

date  earlier  than  four  days  alter  the  holding  ol  the  cau-  1903,  454. 
cuses  or  primaries  for  the  choice  of  delegates  thereto,  and  1  >05' 386>  § 
all  such  conventions  shall  be  called  for  and  held  on  a  date 
not  later  than  forty-eight  hours  prior  to  the  hour  for  filing 
certificates  of  nomination  as  provided  in  section  one  hun- 
dred and  seventy-seven. 

No  representative  convention  shall  be  called  for  or  held 
on  a  date  earlier  than  seven  days  after  the  date  desig-  tions- 
nated  for  holding  caucuses  by  the  state  committee  of  the 
political  party  whose  representative  convention  is  to  be 
held. 

In  Boston  conventions  to  nominate  candidates  for  school  nSmTnate°ns 
committee  shall  be  called  for  and  held  on  the  eighth  day  3££^.for 
after  the  primaries  before  the  city  election.  Boston1" 

SECTION  169.     At  a  convention  not  held  for  the  nom-  Nominating 
ination  of  candidates  for  any  offices  to  be  filled  by  all  the  byroiicaiiat 
voters  of  the  commonwealth,  by  vote  of  one  fourth  of  the 

*  See  also  chapter  543,  Acts  of  1907,  printed  on  page  148. 


R.  L.  11,  §  141. 


NOMINATION   OF   CANDIDATES. 


Returns  of 
precinct  cau- 
cuses, tabula- 
tion of,  etc. 
1906,  444,  §  9. 


Certificates  to 
be  issued,  com- 
mittees to  be 
notified,  etc. 


Certificate  of 
nomination; 
contents, 
signatures  and 
oath  of  officers. 
R.  L.  11,  §  142. 


Secretary  to 
file  certifi- 
cate. 


Nomination 
papers,  num- 
ber of  sig- 
natures. 
R.  L.  11,  §  143. 

1906,  444,  §  4. 

1907,  429,  §  6. 


delegates  present  the  nomination  of  any  candidate  shall  be 
made  by  roll  call  in  the  following  manner:  the  secretary 
of  the  convention  shall  call  the  roll  of  the  towns  and  cities 
in  alphabetical  order  or  of  wards  in  a  city  in  numerical 
order,  and  each  delegate  shall,  as  his  name  is  called,  state 
in  the  hearing  of  the  convention  the  name  of  the  candidate 
for  whom  he  desires  to  vote,  and  the  person  receiving  a 
majority  of  votes  on  such  roll  call  shall  be  the  candidate 
of  the  convention. 

SECTION  170.  The  clerk  of  a  city  or  town  wherein  cau- 
cuses are  held  by  precincts,  immediately  upon  receipt  of 
the  returns  from  the  caucus  officers,  which  shall  be  made 
as  provided  in  section  one  hundred  and  thirty-seven,  shall 
tabulate  and  determine  the  results  thereof,  and  shall  cer- 
tify to  the  facts  required  by  the  following  section,  and  in 
accordance  with  the  provisions  of  sections  one  hundred  and 
seventy-one  and  one  hundred  and  seventy-six,  except  in 
cases  where  the  nomination  is  for  an  office  to  be  filled  by 
the  voters  of  a  city  or  town,  in  which  cases  no  such  certifi- 
cate shall  be  required.  The  clerk  shall  also  issue  proper 
certificates  to  the  successful  candidates  and  notify  the 
chairmen  of  the  city  or  town  committees  of  the  respective 
parties  as  to  the  persons  who  have  been  elected  delegates 
to  conventions  and  members  of  ward  and  town  committees. 

SECTION  171.  Every  certificate  of  nomination  shall 
state  such  facts  as  are  required  by  section  one  hundred  and 
seventy-five  and  except  in  cases  of  direct  nomination  for  a 
district  comprising  more  than  one  ward  or  town,  shall  be 
signed  by  the  presiding  officer  and  by  the  secretary  of  the 
convention  or  caucus,  who  shall  add  to  their  signatures 
their  residences,  and  shall  make  oath  to  the  truth  thereof. 
The  secretary  of  the  convention  or  caucus  shall  within 
the  seventy-two  hours  succeeding  five  o'clock  in  the  after- 
noon of  the  day  upon  which  the  convention  or  caucus  was 
held  and  within  the  time  specified  in  section  one  hundred 
and  seventy-seven,  file  such  certificate  as  hereinafter  pro- 
vided. 

SECTION  172.  dominations  of  candidates  for  any 
offices  to  be  filled  by  all  the  voters  of  the  commonwealth 
may  be  made  by  nomination  papers,  stating  the  facts  re- 
quired by  section  one  hundred  and  seventy-five  and  signed 
in  the  aggregate  by  not  less  than  one  thousand  voters  for 
each  candidate.  Nominations  of  all  other  candidates  for 


NOMINATION   OF   CANDIDATES.  65 

offices  to  be  filled  at  a  state  election,  and  of  all  candidates 
for  offices  to  be  filled  at  a  city  election,  may  be  made  by 
like  nomination  papers,  signed  in  the  aggregate,  for  each 
candidate,  by  two  voters  for  every  one  hundred  votes  cast 
for  governor  at  the  preceding  annual  state  election  in 
the  electoral  district  or  division  for  which  the  officers  are 
to  be  elected,  but  in  no  case  by  less  than  fifty  nor  more 
than  one  thousand  qualified  voters.  Nominations  of  can- 
didates for  offices  to  be  filled  at  a  town  election  may  be 
made  by  nomination  papers,  signed  by  at  least  one  voter 
for  every  fifty  votes  polled  for  governor  at  the  preceding 
annual  state  election  in  such  town,  but  in  no  case  by  less 
than  twenty  voters.  At  a  first  election  to  be  held  in  a 
newly  established  ward  of  a  city,  the  number  of  voters 
upon  a  nomination  paper  of  a  candidate  who  is  to  be 
voted  for  only  in  such  ward  need  not  exceed  fifty;  and  at 
a  first  election  in  a  town  the  number  for  the  nomination 
of  a  candidate  who  is  to  be  voted  for  only  in  such  town 
need  not  exceed  twenty. 

SECTION   173.      Every  voter  who   signs   a   nomination  Voters  to  sign 

in       •  ...  ••!      i  •       «•    n  i  •      nomination 

paper  shall  sign  it  in  person,  with  his  full  surname,  his  papers  in  per- 
Christian  name  and  the  initial  of  every  other  name  which  reSdence^etc. 
he  may  have,  and  shall  add  his  residence  on  the  previous  ^Og-  ^§  §1454- 
first  day  of  May  and  the  place  where  he  is  then  living, 
with  the  street  and  number  thereof,  if  any,  to  his  signa- 
ture ;  but  any  voter  who  is  prevented  by  a  physical  disa- 
bility from  writing  or  who  had  the  right  to  vote  on  the 
first  day  of  May  in  the  year  eighteen  hundred  and  fifty- 
seven,  may  authorize  some  person  to  write  his  name  and 
residence  in  his  presence;  and  every  voter  may  sign  as  Number  of 
many  nomination  papers  for  each  office  to  be  filled  as  there  nommatlons- 
are  persons  to  be  elected  thereto,  and  no  more.     Women  Women  may 
who  are  qualified  to  vote  may  sign  nomination  papers  for  Sllgn>  et 
candidates  for  the  school  committee.      Every  nomination  TO  be  sub- 
paper  shall,  before  being  filed,  be  seasonably  submitted  to  Strara.Sc?8" 
the  registrars  of  the  city  or  town  in  which  the  signers 
appear  to  be  voters,  and  in  Boston  to  the  election  com- 
missioners, who  shall  forthwith  certify  thereon  the  num- 
ber of  signatures  which  are  names  of  voters  both  in  the 
city  or  town  and  in  the  district  or  division  for  which  the 
nomination   is   made.      They  need  not  certify  a  greater 
number  of  names  than  are  required  to  make  a  nomination, 
with  one  fifth  of  such  number  added  thereto.     Names  not 


66  NOMINATION   OF    CANDIDATES. 

certified  in  the  first  instance  shall  not  thereafter  be  certi- 
fied on  the  same  nomination  papers.  The  secretary  of  the 
commonwealth  shall  not  be  required  in  any  case  to  file 
nomination  papers  for  a  candidate  after  filing  such  papers 
containing  a  sufficient  number  of  certified  names  to  make 
a  nomination,  with  one  fifth  of  such  number  added  thereto. 
One  of  the  signers  to  each  nomination  paper  shall  make 
make  oath,  etc.  ^^  to  tke  ^^  Q£  foe  statements  therein,  and  the  certifi- 
cation of  such  oath  and  the  post  office  address  of  the  signer 
shall  be  annexed  to  such  paper. 

SECTION  174.     A  notary  public,  justice  of  the  peace  or 
fdentity'of0       other  magistrate,  when  taking  the  oath  of  a  signer  of  a 
fng^th^etc      nomination  paper,  shall  satisfy  himself  that  the  person  to 
R.  L.  11,' §145.  whom  the  oath  is  administered  is  the  person  signing  such 
nomination  paper,  and  shall  so  state  in  his  attestation  of 
said  oath. 

SECTION  175.  All  certificates  of  nomination  and  nom- 
ination  papers  shall,  in  addition  to  the  names  of  candi- 
contents,  etc.  dates,  specif y  as  to  each :  ( 1 )  his  residence  with  street 
190?;  429,  §  ?.'  and  number  thereof,  if  any;  (2)  the  office  for  which  he  is 
nominated;  and  (3),  except  as  hereinafter  provided,  the 
party  or  political  principle  which  he  represents,  expressed 
in  not  more  than  three  words.  Certificates  of  nomina- 
tion shall  also  state  what  provision,  if  any,  was  made  by 
the  caucus  or  convention  for  filling  vacancies  caused  by 
the  death,  withdrawal  or  ineligibility  of  candidates.  The 
names  of  the  candidates  for  president  and  vice  president 
of  the  United  States  may  be  added  to  the  party  or  political 
designation  of  the  candidates  for  presidential  electors.  To 
the  name  of  each  candidate  for  the  office  of  alderman  at 
large  shall  be  added  the  number  of  the  ward  in  which  he 
resides. 

If  a  candidate  is  nominated  otherwise  than  by  a  political 
party,  the  name  of  a  political  party  shall  not  be  used  in 
his  political  designation,  except  as  describing  and  pre- 
ceding some  other  name  or  term  which  shall  not  be  the 
name  of  any  party  which  cast  at  the  last  preceding  election 
more  than  three  thousand  votes  for  governor;  and  if  so 
used  in  case  of  a  candidate  nominated  by  a  nomination 
paper,  the  political  designation  shall  consist  of  not  more 
than  two  words  and  shall  not  be  changed  after  having  been 
placed  upon  the  paper.  Certificates  of  nomination  and 
nomination  papers  for  town  offices  may  or  may  not  include 


NOMINATION,  OF   CANDIDATES.  67 

a  designation  of  the  party  or  principle  which  the  candidate 
represents. 

SECTION  176.  Certificates  of  nomination  and  nomina-  Nominations 
tion  papers  for  state  offices  shall  be  filed  with  the  secre-  R.  L.  11,  §'147! 
tary  of  the  commonwealth;  and  for  city  and  town  offices, 
with  the  city  or  town  clerk;  and  in  Boston,  with  the  elec- 
tion commissioners.  Every  nomination  paper  shall  be 
filed  by  a  responsible  person,  who  shall  with  his  own 
hand  sign  such  paper  and  add  to  his  signature  his  place 
of  residence,  giving  street  and  number,  if  any ;  and  the 
secretary  of  the  commonwealth  or  the  city  or  town  clerk, 
or,  in  Boston,  the  election  commissioners,  shall  require  a 
satisfactorv  identification  of  such  person.  No  nomination  Acceptance  to 

11  •  T  i  i  i  •  be  filed  with 

paper   shall   be   received   or    be   valid  unless   the  written  nomination 
acceptance  of  the  candidate  thereby  nominated  shall  be  p 
filed  therewith. 

SECTION  177.     Certificates  of  nomination  for  offices  to  Last  days  for 
be  filled  by  all  the  voters  of  the  commonwealth  shall  be  secretary  of 
filed  on  or  before  the  fifth  Monday,  and  nomination  papers  %!rt£?aa*' 
on  or  before  the  fourth  Monday,   preceding  the   day  of  1903;  Isif/il' 
the   election.      Certificates    of   nomination    for    all    other  1905' 386-  § 16- 
candidates  for  offices  to  be  filled  at  a  state  election  shall  be 
filed  on  or  before  the  third   Thursday,   and  nomination 
papers,  on  or  before  the  third  Friday,  preceding  the  day 
of  the  election;  but  if  there  is  a  special  election  to  fill 
any  state  office,   certificates  of  nomination  shall  be  filed 
on  or  before  the  twelfth  day,  and  nomination  papers,  on 
or  before   the   eleventh   day,   preceding   the   day   of   such 
election. 

In  cities,  except  Boston,  certificates  of  nomination  for  in  cities, 
city  offices  shall  be  filed  on  or  before  the  third  Monday, 
and  nomination  papers  on  or  before  the  second  Wednes- 
day preceding  the  day  of  the  election. 

In  Boston,  certificates  of  nomination  for  city  offices,  in  Boston, 
except  for  school  committee,  shall  be  filed  on  or  before  the 
third  Friday  preceding  the  day  of  the  election,  and  nom- 
ination papers  for  all  city  offices  on  or  before  the  eleventh 
day  after  the  primaries.  Certificates  of  nomination  of 
candidates  for  school  committee  shall  be  filed  on  or  be- 
fore the  ninth  day  after  the  primaries. 

In   towns,    certificates    of   nomination   for   town   offices  Last  days  for 
shall  be  filed  on  or  before  the  second  Saturday,  and  nom-  towns"1 
ination  papers,  on  or  before  the  Monday,  preceding  the 


68  NOMINATION   OF    CANDIDATES. 

day  of  the  election;  but  if  such  Saturday  falls  on  a  legal 
holiday,  said  certificates  of  nomination  shall  be  filed  on  or 
before  the  preceding  day,  and  if  such  Monday  falls  on  a 
legal  holiday,  said  nomination  papers  shall  be  filed  on  or 
before  the  succeeding  day;  but  if  a  town  election  is  held 
on  a  day  of  the  week  other  than  Monday,  such  certificates 
of  nomination  and  nomination  papers  shall  be  filed  re- 
spectively on  or  before  the  ninth  and  seventh  days  pre- 
ceding the  day  of  the  election. 

fiuSghourfor  Certificates  of  nomination  and  nomination  papers  shall 
be  filed  before  five  o'clock  in  the  afternoon  of  the  last  day 
fixed  for  the  filing  thereof. 

SunbS8  SECTION  178.  When  certificates  of  nomination  and 
objected  to,  nomination  papers  have  been  filed,  and  are  in  apparent 
HHJT  386§  §439'  conf°rmity  with  law,  they  shall  be  valid  unless  objections 
thereto  are  made  in  writing.  Such  objections  to  nomina- 
tions of  candidates  for  state  offices  shall  be  filed  with  the 
secretary  of  the  commonwealth,  for  city  offices  with  the 
city  clerk,  or  in  Boston  with  the  election  commissioners, 
and  for  town  offices  with  the  town  clerk;  and  in  the  case 
of  state  offices  within  the  seventy-two  week-day  hours,  in 
the  case  of  city  offices  within  the  forty-eight  week-day 
hours,  and  in  the  case  of  town  offices  within  the  twenty- 
four  week-day  hours,  succeeding  five  o'clock  in  the  after- 
noon of  the  last  day  fixed  for  the  filing  of  nomination 
papers  for  such  offices. 

Scifb^w&om        SECTION  179.     Objections  to  certificates  of  nomination 
considered.        an(j   nomination   papers    for   state   offices,    and    all   other 

K.  L.  11,  §  150.  .  i      •  i  1-i-iT  «iii 

questions  relating  thereto,  shall  be  considered  by  the  state 
ballot  law  commission;  to  nominations  for  city  offices, 
except  in  Boston,  by  the  board  of  registrars,  the  city  clerk 
and  the  city  solicitor:  in  Boston,  by  the  ballot  law  com- 
mission of  said  city ;  and  to  nominations  for  town  offices, 
by  the  board  of  registrars. 

The  boards  constituted  in  cities  and  towns  may,  at 
hearings  on  such  objections  and  questions,  summon  wit- 
nesses, administer  oaths  and  require  the  production  of 
books  and  papers.  Such  witnesses  shall  be  summoned  in 
the  same  manner,  be  paid  the  same  fees,  and  be  subject 
to  the  same  penalties  for  default,  as  witnesses  before  the 
superior  court.  A  summons  may  be  signed,  and  an  oath 
may  be  administered  by  any  member  of  such  board,  and 
the  decision  of  a  majority  of  the  members  thereof  shall  be 
final. 


NOMINATION   OF   CANDIDATES.  69 


When  such  objection  has  been  filed,  notice  thereof  shall 
be  forthwith  mailed  by  the  secretary  of  the  commonwealth,  committees. 
or  by  the  city  or  town  clerk,  or  election  commissioners, 
respectively,  to  the  candidates  affected  thereby,  addressed 
to  their  residences  as  given  in  the  certificates  of  nomina- 
tion or  nomination  papers,  and  to  any  party  committee 
interested  in  the  nomination  to  which  objection  is  made. 

If  more  candidates  bearing  the  same  political  or  other  Determination 
designation  are  nominated  for  an  office,  otherwise  than  by  SuSdatS™ 
nomination  papers,  than  are  to  be  elected  thereto,  such  designation. 
boards  shall  determine  the  candidates,  if  any,  entitled  to 
such  designation. 

SECTION  180.     A  person  nominated  as  a  candidate  for  withdrawal 
any  state,  city  or  town  office  may  withdraw  his  name  from  SanSSatesf 
nomination  by  a  request  in  writing  signed  by  him  and  Sosj  ase!  §  41.' 
acknowledged  before  a  justice  of  the  peace  and  filed  with 
the  officer  with  whom  the  nomination  was  filed,  in  the  case 
of  a  state  office  within  the  seventy-two  week-day  hours, 
in  the  case  of  a  city  office  within  the  forty-eight  week-day 
hours,  and  in  the  case  of  a  town  office  within  the  twenty- 
four  week-day  hours,  succeeding  five  o'clock  in  the  after- 
noon of  the  last  day  fixed  for  the  filing  of  nomination 
papers  for  such  office. 

SECTION  181.     If  a  candidate  nominated  for  a  state,  Nomination 
city  or  town  office   dies  before   the   day  of  election,   or  deaSTwith- 
withdraws  his  name  from  nomination,  or  is  found  to  be  rtaL.aiif§ci52. 
ineligible,  the  vacancy  may  be  filled  by  the  same  political  §§°5,'io6' 
party  or  persons  who  made  the  original  nomination,  and 
in  the  same  manner  ;  or,  if  the  time  is  insufficient  therefor, 
the  vacancy  may  be  filled,  if  the  nomination  was  made  by 
a  convention  or  caucus,  in  such  manner  as  the  convention 
or  caucus  may  have  prescribed,  or,  if  no  such  provision 
has  been  made,  by  a  regularly  elected  general  or  executive 
committee  representing  the  political  party  or  persons  who 
held  such  convention  or  caucus.     In  the  event  of  the  with- 
drawal or  death  of  any  candidate  of  a  political  party  nom- 
inated by  direct  nomination  for  any  office,  the  vacancy 
may  be  filled  by  a  regularly  elected  general  or  executive 
committee  representing  the  election  district  in  which  such 
vacancy  occurs,   or,  if  no  such  "  committee  exists,  by  the 
members  of  the  ward  and  town  committees  in  the  wards 
and  towns  comprising  such  district.    If  a  vacancy  is  caused 
by  withdrawal,  certificates  of  nomination  made  otherwise 


70  STATE   BALLOT   LAW   COMMISSION. 

than  in  the  original  manner  shall  be  filed  within  seventy- 
two  week-day  hours  in  the  case  of  state  offices,  or  within 
forty-eight  week-day  hours  in  the  case  of  city  or  town 
offices,  succeeding  five  o'clock  in  the  afternoon  of  the  last 
day  for  filing  withdrawals.     They  shall  be  open  to  objec- 
tions in  the  same  manner,  so  far  as  practicable,  as  other 
NO  vacancy  to  certificates  of  nomination.     No  vacancy  caused  by  with- 
w!tEwli°re  drawal  shall  be  filled  before  the  withdrawal  has  been  filed. 
<^fi£to£d'        SECTION  182.     When  a  nomination  is  made  to  fill  a 
fnation  Snail     vacancy  caused  by  the  death,  withdrawal  or  ineligibility 
vacancy.          of  a  candidate,  the  certificate  of  nomination  shall,  in  addi- 
?'  tion  to  the  other  facts  required,   state  the  name  of  the 
original  nominee,  the  fact  of  his  death,   withdrawal  or 
ineligibility,    and    the    proceedings    had    for    filling    the 
vacancy;   and  the  presiding  officer  and  secretary  of  the 
convention  or  caucus,  or  the  chairman  and  secretary  of  an 
authorized  committee,   shall   sign  and   make  oath  to  the 
c^nSanied  by    truth  of  the  certificate,  and  it  shall  be  accompanied  by 
wn«en  ac-       the  written  acceptance  of  the  candidate  nominated. 
Certificates,  SECTION  183.     Certificates  of  nomination,  nomination 

fnsp'ection?       papers,   objections   thereto   and   withdrawals,   when  filed, 
etc.servatlon'     shall,  under  proper  regulations,  be  open  to  public  inspec- 
R.  L.  ii,  §  154.  tion,  and  the  secretary  of  the  commonwealth  and  the  sev- 
eral city  and  town   clerks,   and   in   Boston   the   election 
commissioners,  shall  preserve  the  same  in  their  respective 
offices  for  one  year. 

SSSktion.  SECTION    18*4.      The    secretary   of   the   commonwealth 

R.  L.  11,  §  155.  snall?  upon  application,  provide  blank  forms  for  the  nom- 
ination of  candidates  for  all  state  offices;  and  he  shall 
send  blank  forms  for  certificates  of  nomination  for  the 
office  of  representative  in  the  general  court  to  the  clerk 
of  each  city  and  town  for  the  use  of  any  caucus  or  con- 
vention held  therein  for  the  nomination  of  candidates  for 
that  office.  He  shall  likewise  provide  the  clerks  of  towns 
wherein  official  ballots  are  used  with  blank  forms  for  the 
nomination  of  candidates  for  town  offices. 


STATE  BALLOT   LAW   COMMISSION. 

SECTION  185.     There  -shall  be  a  state  ballot  law  com- 
mission  consisting  of  three  persons,   one   of  whom   shall 
RCL  11  §  156   aimua^J  in  June  or  July  be  appointed  by  the  governor 
with  the  advice  and  consent  of  the  council,  for  a  term  of 


WARDS   AND   VOTING   PRECINCTS.  71 

three  years  from  the  succeeding  first  day  of  August.  The 
governor  with  the  advice  and  consent  of  the  council  may 
remove  any  member  of  the  commission,  or  fill  any  vacancy 
therein  for  the  remainder  of  the  unexpired  term.  There 
shall  always  be  on  said  commission  a  member  of  each  of 
the  two  leading  political  parties. 

SECTION   186.      No  member  of  said  commission   shall  Srtain  other 
hold  any  public  office  except  that  of  justice  of  the  peace  or  Ptucblic  office- 
notary  public,  or  be  a  candidate  for  public  office,  or  mem-  R-  L.  n,  §  157. 
ber    or    employee   of    any    political   committee.      If    any 
member  of  the  commission  shall  be  nominated  as  a  candi- 
date for  public  office  and  shall  not  in  writing  decline  said 
nomination  within  three  days,  he  shall  be  deemed  to  have 
vacated  his  office  as  a  member  of  said  commission. 

SECTION  187.     The  state  ballot  law  commission  may  May  summon 
summon  witnesses,  and  administer  to  them  oaths,  and  may  administer 


require  the  production  of  books  and  papers  at  a  hearing  R.L.'iJj  153. 

before  it  upon  any  matter  within  its  jurisdiction.     Wit- 

nesses shall  be  summoned  in  the  same  manner,  be  paid 

the  same  fees,   and  be  subject  to  the  same  penalties  as 

witnesses  summoned  before  the  general  court.     A  sum- 

mons may  be  signed  and  an  oath  may  be  administered  by 

any  member  of  said  commission. 

SECTION  188.  The  decision  of  a  majority  of  the  mem-  Decision  to  be 
bers  of  the  commission  upon  any  matter  within  its  juris-  E.  L.  11,  §  159. 
diction  shall  be  final. 

SECTION   189.      The  members  of  the  state  ballot  law  Compensation. 
commission  shall  each  be  paid  such  compensation  for  their  R-  L'  llf  § 
services,  not  exceeding  five  hundred  dollars  annually,  as 
the  governor  and  council  may  determine;  and  the  total 
expenditures  by  and  on  account  of  said  commission  shall 
not  exceed  the  sum  of  two  thousand  dollars  in  any  one 
year. 

PAKT  3. 

WARDS    AND    VOTING    PRECINCTS. 

SECTION  190.     A  city  may,  in  the  year  nineteen  him-  Wards,  new 
dred  and  fifteen,  and  in  every  tenth  year  thereafter,  before  dtieshlto. 
the  first  day  of  May,  by  vote  of  its  city  council,  make  a  R'  L'  llf  § 
new  division  of  its  territory  into  such  number  of  wards 
as  may  be  fixed  by  law.     The  boundaries  of  such  wards 
shall  be  so  arranged  that  the  wards  shall  contain,  as  nearly 
as  can  be  ascertained  and  as  may  be  consistent  with  well- 


WARDS   AND   VOTING   PRECINCTS. 


Secretary  of 
the  common- 
wealth to  be 
notified. 

Voting  pre- 
cincts, desig- 
nation, etc. 
R.  L.  11,  §  162. 
1906,  444,  §  6. 

Division  of 
wards  into 
voting  pre- 
cincts, time, 
boundaries, 
etc. 


Voting  pre- 
cincts under 
new  division 
of  wards. 
R.  L.  11,  §  163. 


New  division, 

when  to  take 

effect. 

R. L.  11,  §  164. 


Map  or  de- 
scription of 
new  precincts 


defined  limits  to  each  ward,  an  equal  number  of  voters. 
The  city  clerk  shall  forthwith  give  notice  in  writing  to  the 
secretary  of  the  commonwealth  of  the  number  and  designa- 
tions of  the  wards  so  established. 

SECTION  191.  Each  city  shall  be  divided  into  con- 
venient voting  precincts,  designated  by  numbers  or  letters 
and  containing  not  more  than  one  thousand  voters. 

Every  ward  shall  constitute  a  voting  precinct  by  itself, 
or  shall  be  divided  into  such  precincts.  If  a  ward  con- 
stituting one  precinct  contains  less  than  one  thousand 
voters,  according  to  the  registration  of  voters  at  the  pre- 
ceding annual  city  election,  the  aldermen  may,  and  if  it 
contains  more  than  one  thousand  voters,  shall,  on  or  before 
the  first  Monday  of  July,  divide  it  into  two  or  more  voting 
precincts.  If  a  voting  precinct  shall,  in  any  year,  accord- 
ing to  such  registration,  contain  more  than  one  thousand 
voters,  the  aldermen  shall  in  like  manner  either  divide 
such  precinct  into  two  or  more  voting  precincts  or  shall 
make  a  new  division  of  the  ward  into  voting  precincts ; 
so  that  no  precinct  shall  contain  more  than  one  thousand 
voters.  Such  precincts  shall  be  so  established  as  to  con- 
tain, as  nearly  as  may  be,  an  equal  number  of  voters,  shall 
consist  of  compact  and  contiguous  territory  entirely  within 
one  ward,  and  be  bounded,  so  far  as  possible,  by  the  centre 
line  of  known  streets  or  ways  or  by  other  well-defined 
limits. 

SECTION  192.  On  or  before  the  first  Monday  of  July 
in  the  year  of  a  re-division  of  a  city  into  wards,  the  alder- 
men shall  divide  such  city  into  voting  precincts,  conform- 
ably to  the  provisions  of  the  preceding  section. 

SECTION  193.  For  all  elections  in  the  year  of  a  re- 
division  of  a  city  into  wards,  for  a  special  election  held 
prior  to  the  annual  state  election  in  the  next  succeeding 
year,  and  for  the  assessment  of  taxes,  the  wards  as  existing 
previous  to  such  re-division  shall  continue,  and  for  such 
purposes  the  election  officers  shall  be  appointed  and  hold 
office,  and  voting  lists  shall  be  prepared,  and  all  other 
things  required  by  law  shall  be  done  as  if  no  such  re- 
division  had  been  made.  For  all  other  purposes  the  new 
division  shall  take  effect  on  the  first  day  of  May  of  the 
year  when  it  is  made. 

SECTION  194.  When  a  ward  has  been  divided  into  new 
voting  precincts,  or  the  voting  precincts  thereof  have  been 


WARDS   AND    VOTING   PRECINCTS.  73 

changed,   the   aldermen   shall   forthwith   cause   a   map    or  to  be  pub- 
description  of  the  division  to  be  published,  in  which  the  posfedaetc. 
new  precincts  shall  be  designated  by  numbers  or  letters  ie'5L>  11>  §§  8> 
and   shall  be  defined  clearly  and,  so  far  as  possible,  by 
known  boundaries ;  and  they  shall  cause  such  map  or  de- 
scription to  be  posted  in  at  least  ten  public  places  in  each 
precinct  of  a  ward  so  divided,  and  copies  thereof  furnished 
to  the  registrars  of  voters,  in  Boston  to  the  election  com- 
missioners, and  the  assessors,   and  to  the  election  officers 
of  each  precinct  so  established. 

SECTION  195.  A  town  may  direct  its  selectmen  to  voting ^re- 
prepare  a  division  of  the  town  into  convenient  voting 
precincts.  The  selectmen  shall,  so  far  as  possible,  make  R 
the  centre  line  of  streets  or  ways,  or  other  well-defined 
limits,  the  boundaries  of  the  proposed  precincts,  and  shall 
designate  them  by  numbers  or  letters.  They  shall,  within 
sixty  days,  file  a  report  of  their  doings  with  the  town 
clerk,  with  a  map  or  description  of  the  proposed  pre- 
cincts, and  with  a  statement  of  the  number  of  male  voters 
registered  in  each  for  the  preceding  annual  election.  The  Report  to  be 
report  shall  be  presented  by  the  town  clerk  at  the  next  fown'dlrk'at 
succeeding  town  meeting,  but  it  shall  not  be  acted  upon  town  meeting, 
except  at  a  meeting  called  for  the  purpose,  and  held  at 
least  seven  days  after  the  report  has  been  filed.  The 
division  so  reported  may  be  amended  at  such  meeting, 
and  shall  take  effect  when  adopted.  Elections  of  state 
officers  held  in  such  town  more  than  sixty  days  after  such 
action  shall  be  held  in  the  precincts  so  established.  If 
such  report  shall  be  rejected  the  town  may  at  any  time 
direct  the  selectmen  to  prepare  a  new  division. 

SECTION  196.     A  town  may  make  any  change  in  its  changes  may 
voting  precincts  which  the   selectmen   shall   have   recom-  vot?ngdpr<£ 
mended  in  a  statement  giving  the  boundaries,  the  desig-  RnLS'n  §  157 
nations    of   the    proposed   precincts    and   the   number    of 
voters  registered  in  each  for  the  preceding  annual  state 
or  town  election,  filed  with  the  town  clerk  at  least  seven 
days  before  a  town  meeting  called  for  the  purpose;  but 
no  changes  other  than  those  so  proposed  by  the  selectmen 
shall  be  made  at  such  meeting. 

SECTION  197.     When  a  towrn  has  been  divided  into  vot-  Map  or  de- 
ing   precincts   or  the  voting  precincts  thereof  have  been  SSfed?  etc! b€ 
changed,  the  selectmen  shall  post  in  the  office  of  the  town  k' L'  n' §  168' 
clerk   and   in   at  least  three   public  places   in  each  new 


74 


ELECTION   OFFICEES. 


precinct  a  map  or  description  in  which  the  new  precincts 
shall  be  designated  by  numbers  or  letters,  and  defined 
clearly  and,  so  far  as  possible,  by  known  boundaries  ;  and 
they  shall  also  furnish  copies  thereof  to  the  registrars  of 
voters  and  the  assessors  of  such  town,  and  to  the  election 
officers  of  each  precinct  so  established. 

SECTION  198.     Any  town  may,  at  a  meeting  called  for 
etccontmued>     tne   purpose,   discontinue   its   voting   precincts;    and   sub- 
R.  L.  11,  §  169.  sequent  elections  therein  shall  be  held  as  if  no  such  division 
had  been  made.      But  it  may,   in   any   subsequent  year, 
establish  voting  precincts  as  hereinbefore  provided. 
Secretary  of  SECTION  199.     When  wards  of  a  city  have  been  changed 

the  common-  .  .  ...  J          ,  , 

wealth  to  be  or  when  voting  precincts  in  a  city  or  town  nave  been  estab- 
R.  L.  ii,  §  170.  lished,  changed  or  discontinued,  the  city  or  town  clerk 
shall  forthwith  give  a  notice  thereof  in  writing  to  the 
secretary  of  the  commonwealth,  stating  the  number  and 
designation  of  such  wards  or  such  voting  precincts  and  in 
a  city  the  wards  in  which  they  are  situated. 


Election 


R9L:ii9§§§8,' 

1902  157. 
JoS?'  |54,  §  9. 

1905,  386,  §  6. 


in  Boston. 


R.  L.  ii,  § 

1903,  454, 


172. 

§  9. 


ELECTION    OFFICERS. 

SECTION  200.  The  mayor  of  every  city,  except  Boston, 
shall  annually,  with  the  approval  of  the  board  of  alder- 
men,  appoint  as  election  officers  for  each  voting  precinct, 
one  warden,  one  deputy  warden,  one  clerk,  one  deputy 
clerk,  four  inspectors  and  four  deputy  inspectors,  who 
shall,  at  the  time  of  their  appointment,  be  qualified  voters 

.  7  .  r  .  TT 

in  the  ward  of  which  such  precinct  forms  a  part.  He  may, 
in  like  manner,  appoint  two  inspectors  and  two  deputy 
inspectors  in  addition.  Every  such  nomination  shall  be 
filed  in  the  office  of  the  city  clerk  of  such  city  in  the 
month  of  August,  and  on  or  before  the  thirty-first  day  of 
said  month,  and  shall  be  acted  upon  by  the  board  of  alder- 
men not  less  than  three  days  after  the  filing  of  such 
nomination  and  on  or  before  the  second  Monday  in  Sep- 
tember following.  Such  nomination  shall  be  open  to 
public  inspection. 

Jn  Boston  the  election  officers  as  aforesaid  shall  be  ap- 
pointed by  the  election  commissioners  except  that  no  dep- 
uty election  officers  shall  be  appointed. 

SECTION  201.  The  selectmen  of  every  town  divided 
into  voting  precincts  shall  annually,  between  the  first 
and  fifteenth  day  of  August,  appoint  as  election  officers 

J 


ELECTION   OFFICERS.  75 

for  each  voting  precinct,  one  warden,  one  deputy  warden, 
one  clerk,  one  deputy  clerk,  two  inspectors  and  two  deputy 
inspectors,  who  shall  be  voters  of  the  precinct.  They 
may,  in  like  manner,  appoint  two  inspectors  and  two 
deputy  inspectors  in  addition. 

SECTION    202.      Such   election   officers   shall   be   so   ap-  Election 
pointed  as  equally  to  represent  the  two  leading  political  eqiSiy  repre- 
parties,  except  that,  without  disturbing  the  equal  repre-  JS^^^SSt- 
sentation  of  such  parties,  not  more  than  two  of  such  elec-  J;Ji parties> 
tion    officers    not    representing    either    of    them    may    be  [UL  n.  §§ «. 
appointed.     The  warden  shall  be  of  a  different  political  1903,  454,  §  9. 

/>  ITT  -i  i  i      I/*/?    ii         1905,  dob,  §  7. 

party  from  the  clerk,  and  not  more  than  one  hall  ol  the 
inspectors  shall  be  of  the  same  political  party.  In  each 
case  the  principal  officer  and  his  deputy  shall  be  of  the 
same  political  party.  Every  election  officer  shall  hold  Term  of  office, 
office  for  one  year,  beginning  with  the  fifteenth  day  of 
September  succeeding  his  appointment,  and  until  his  suc- 
cessor is  appointed  and  qualified,  or  until  his  removal. 
An  election  officer  may  be  removed  by  the  mayor,  with 
the  approval  of  the  aldermen,  or  by  the  selectmen,  in 
Boston  by  the  election  commissioners,  after  a  hearing, 
upon  written  charges  of  incompetence  or  official  miscon- 
duct preferred  by  the  city  or  town  clerk,  in  Boston  by 
the  election  commissioners,  or  by  not  less  than  six  voters 
of  the  ward,  or,  in  a  town,  of  the  voting  precinct  in  which 
the  officer  is  appointed  to  act. 

SECTION   203.      In  Boston,  the  election  commissioners  Removal  of 
may  upon  the  day  of  any  election  therein,  forthwith  re-  fieBoston^ners 
move  any  election  officer  found  to  be  incompetent  or  so  election. °f  an 
conducting  himself   as   to   prejudice   the   public   interest,  R.L.  11,5174. 
and  appoint  some  other  person  of  the  same  political  party 
in  his  place;  and  the  officer  so  removed  shall  receive  no 
compensation  for  services  rendered  on  such  day,  and  shall 
be  disqualified  for  appointment  as  an  election  officer  for 
one  year  thereafter. 

SECTION  204.     If  a  vacancy  in  the  number  of  the  elec-  Filling  of 
tion  officers  occurs  before  the  twentieth  day  of  September  the^umbe?  of 
in  any  year,  or,  in  a  city,  after  the  annual  state  election  officers1! 
and  one  week  at  least  before  the  annual  city  election,  or  f7'5L-  n>  §§  8< 
if  an  election  officer  declines  his  appointment   and  gives  Jjjjj|-  |fg'  |  f 
notice  thereof  to  the  city  or  town  clerk,  or  in  Boston  to 
the  election  commissioners,  before  the   twentieth   day  of 
September,   or,   if  at  a  special  election  the  office  of   an 


76 


ELECTION   OFEICERS. 


Candidates 
not  eligible  to 
act  as  election 
officers  in 
certain  cases. 
R.  L.  11,  §§  8, 
176. 


Deputy  to  act 
in  place  of 
principal,  etc. 
R.  L.  11,  §  177 


Ballot  clerks 

of  precincts, 

detail,  duties, 

etc. 

R.  L.  11, §  178 


Presiding 
officers  in 
towns  not 
divided  into 
precincts,  etc. 
R.  L.  11,  §  179. 


election  officer  is  vacant,  the  mayor,  with  the  approval 
of  the  aldermen,  or  the  selectmen,  shall  fill  the  vacancy; 
and  the  appointment  shall  be  so  made  as  to  preserve  the 
equal  representation  of  the  two  leading  political  parties. 
Appointments  to  fill  vacancies  may  be  acted  upon  imme- 
diately by  the  board  of  aldermen.  In  Boston  such  vacan- 
cies shall  be  filled  by  the  election  commissioners. 

SECTION  205.  No  person  shall,  at  a  state,  city  or  town 
election,  be  eligible  or  act  as  an  election  officer  in  a  voting 
precinct  in  which  he  is  a  candidate  for  election;  and  if  a 
person  who  has  been  appointed  an  election  officer  becomes 
such  a  candidate,  and  does  not  forthwith  resign  his  office, 
the  mayor  or  selectmen,  in  Boston  the  election  commis- 
sioners, shall,  if  he  is  a  candidate  at  a  state  election, 
remove  him  from  office  before  the  first  day  of  November, 
or,  if  he  is  a  candidate  at  a  city  election,  the  mayor,  in 
Boston  the  election  commissioners,  shall  so  remove  him  at 
least  eight  days  before  the  day  of  the  election,  or  if  he  is 
a  candidate  at  a  town  election  the  selectmen  shall  remove 
him  before  the  election. 

SECTION  206.  If  a  warden,  clerk  or  inspector  is  absent 
at  the  opening  of  the  polls  or  subsequently  on  the  day  of 
election,  or  if  the  office  is  vacant,  the  deputy  of  such 
officer  shall  act  for  that  election  in  his  place.  If  the 
warden  and  deputy  warden,  clerk  and  deputy  clerk,  or  an 
inspector  and  his  deputy,  shall  be  absent,  the  voters  of 
the  precinct  on  nomination  and  by  hand  vote  shall  fill 
the  vacancy,  and  the  officer  so  elected  shall  act  during  the 
remainder  of  the  election;  but  otherwise  no  deputy  officer 
shall  act  in  an  official  capacity  or  be  admitted  to  the 
space  reserved  for  election  officers  while  the  polls  are 
open  or  during  the  counting  of  the  votes. 

SECTION  207.  At  state  elections  in  cities  and  in  towns 
divided  into  voting  precincts,  and  in  city  elections,  the 
presiding  election  officer  of  each  voting  place  or  precinct 
shall  detail  two  inspectors  of  different  political  parties  to 
act  as  ballot  clerks,  who  shall  have  charge  of  the  ballots 
and  shall  furnish  them  to  voters. 

SECTION  208.  The  selectmen  in  towns  not  divided  into 
voting  precincts  shall,  at  meetings  for  the  election  of  state 
officers,  have  the  powers  of  wardens  in  cities  or  moderators 
in  towns,  and  shall  act  by  their  chairman  or  senior  mem- 
ber present,  who  shall  be  regarded  as  the  presiding  election 
officer. 


ELECTION   OFFICERS.  77 

SECTION  209.     At  state  elections  in  towns  not  divided  Pacle°r\ac£;rks 
into  voting  precincts,   and  at  town  elections  in  towns  in  ^ftment, 
which  official  ballots  are  used,  the  selectmen  shall,  before  J1*}68^  §'lgo 
the  opening  of  the  polls,  appoint  two  voters  as  ballot  clerks, 
who  shall  have  charge  of  the  ballots  and  shall  furnish  them 
to  voters.      The  selectmen  or  the  moderator  presiding  at 
such  election  may  subsequently  appoint  additional  ballot 
clerks,  not  exceeding  one  for  every  four  hundred  voters  and 
majority  fraction  thereof,  and  may  likewise  fill  any  va- 
cancy after  the  opening  of  the  polls.     Such  ballot  clerks  Political 
shall   be   so    appointed   as    to   represent   the   two   leading  tf(?nesei 
political  parties  as  equally  as  may  be,  except  that  such 
additional  ballot  clerks  may  be  appointed  from  voters  not 
representing  either  of  them. 

SECTION   210.      Every   election  officer  before   entering  Oath  of  office 
upon  the  performance  of  his  official  duties  shall  be  sworn  officers, 
before  the  city  or  town  clerk,  a  justice  of  the  peace,  or 
the  presiding  officer  or  clerk  at  the  polls,   and  a  record 
thereof  shall  be  made.      In  Boston,   the  oath,   except   in 
case  of  vacancies  filled  at  the  polls,  shall  be  taken  before 
an  election  commissioner  and  record  thereof  made. 

SECTION  211.  Selectmen  of  towns  shall,  at  least  five 
days  before  a  state  or  town  election,  appoint  voters  as 
tellers  to  assist  at  the  ballot  box  and  in  checking  the  names  R' L' llf  §  182' 
of  voters  upon  the  voting  lists,  and  in  canvassing  and 
counting  the  votes.  Presiding  officers  in  such  towns,  at 
state  and  town  elections,  may  appoint  voters  as  additional 
tellers,  and  they  shall  do  so  when  requested  in  writing 
by  ten  voters  of  the  town.  Tellers  appointed  at  elections  Political  rep- 
at  which  official  ballots  are  used  shall  be  so  appointed 
that  the  election  officers  making  and  assisting  in  the  can- 
vass and  count  of  votes  shall  equally  represent  the  two 
leading  political  parties. 

SECTION  212.     Election  officers  shall  receive  such  com-  Election 
pensation  for  each  day's  actual  service  as  the  city  council  compensation, 
or  the  selectmen  respectively  may  determine ;  but  no  dep-  R>  L>  llf  § 
uty  officer  shall  receive  compensation  except  for  attend- 
ance at  the  opening  of  the  polls  or  for  services  in  place 
of  an  absent  officer. 

SECTION  213.     If  the  office  of  city  clerk  shall  be  vacant,  S^ryk0prroown 
or  if  a  city  clerk  shall  be  unable  to  perform  the  duties  ^ng>0[J-  §  184 
required  by  this  chapter,  the  mayor  shall  appoint  a  clerk 
pro  tempore  to  perform  the   duties   required  hereunder. 
If  the  office  of  town  clerk  shall  be  vacant,  or  a  town  clerk 


78 


VOTING   PLACES. 


Supervisors  of 
elections, 
appointment, 
political 
representa- 
tion. 
R.  L.  11,  §  185. 


To  be  sworn, 
powers  and 
duties. 


Compensation . 


shall  be  unable  to  perform  the  duties  required  hereunder, 
the  selectmen  shall  in  writing  under  their  hands,  appoint 
a  clerk  pro  tempore.  Such  clerk  pro  tempore  shall  be 
sworn  to  the  faithful  performance  of  his  duties. 

SECTION  214.  The  governor,  with  the  advice  and  con- 
sent of  the  council,  shall,  upon  the  petition  in  writing  of 
ten  qualified  voters  of  a  ward  or  of  a  town,  presented  to 
him  at  least  twenty-one  days  before  a  state  or  city  election 
therein,  appoint  for  such  ward  or  town  or  for  each  of 
such  voting  precincts  as  may  be  named  in  the  petition, 
two  voters  of  the  city  or  town,  who  shall  not  be  signers 
of  the  petition  or  members  of  any  political  committee  or 
candidates  for  any  office,  to  act  as  supervisors  at  such 
election.  One  supervisor  shall  be  appointed  from  each 
of  the  two  leading  political  parties.  They  shall  be  sworn 
to  the  faithful  performance  of  their  duties  by  the  city  or 
town  clerk  or  by  a  justice  of  the  peace.  The  supervisors 
shall  attend  the  polling  places  for  which  they  are  ap- 
pointed, may  challenge  persons  offering  to  vote,  and  shall 
witness  the  conduct  of  the  election  and  the  counting  of 
votes;  but  they  shall  not  make  any  statement  tending  to 
reveal  the  state  of  the  polls  before  the  public  declaration 
of  the  vote.  They  shall  remain  where  the  ballot  boxes 
are  kept  after  the  polls  are  open  and  until  the  ballots  are 
sealed  for  transmission  to  the  officers  entitled  to  receive 
them.  Each  supervisor  may  affix  his  signature,  for  the 
purpose  of  identification,  to  the  copy  of  the  record  of 
votes  cast,  or  attach  thereto  any  statement  touching  the 
truth  or  fairness  or  conduct  of  the  election.  Supervisors 
shall  receive  such  compensation  for  each  day's  actual  ser- 
vice as  the  city  council  or  the  selectmen  may  determine. 


Polling  places, 

designation, 

preparation, 

etc. 

R.  L.  11,  §  186. 

1906,  311,  §  1. 


Voting  booths 
may  be  placed 
in  highways, 
etc. 


VOTING    PLACES. 

SECTION  215.  The  aldermen  in  cities  and  the  select- 
men of  every  town  divided  into  voting  precincts,  and  in 
Boston  the  election  commissioners,  shall,  thirty  days  at 
least  before  the  annual  state  or  city  election  and  ten  days 
at  least  before  any  special  election  of  a  state  or  city  officer 
therein,  designate  the  polling  place  for  each  voting  pre- 
cinct and  shall  cause  it  to  be  suitably  fitted  up  and  pre- 
pared therefor.  In  a  city  or  town  which  has  provided 
voting  booths  such  booths  may  be  placed  in  the  highways 


ELECTION   APPAEATUS   AND    BLANKS.  79 

of  such   city  or  town,   provided  said  highways   are   left 
reasonably  safe  and  convenient  for  public  travel.     It  shall  ^eniSiSy1" 
be   in   a   public,   orderly   and   convenient   portion   of   the  located,  etc. 
precinct ;  but  if  no  such  polling  place  can  be  had  within 
the  precinct,  they  may  designate  a  polling  place  in   an 
adjoining  precinct.     No  building  or  portion  of  a  building  Certain  build- 
shall  be  designated  or  used  as  a  polling  place  in  which  lTsednot 
intoxicating  liquor  has  been  sold  within  the  thirty  days 
preceding  the  day  of  the  election.    When  the  polling  places  Notice  to  be 
have  been   designated,   the   aldermen,   and   in  Boston  the  glven>  et 
election  commissioners,  shall,  in  at  least  ten  public  places 
in  each  precinct  of  the  city,  and  selectmen,  in  at  least  three 
public  places  in  each  precinct  of  the  town,  forthwith  post 
a  printed  description  of  the  polling  places  designated,  and 
may  give  further  notice  thereof. 

SECTION  216.     The  board  of  aldermen  or  the  selectmen,  Marking 
in   Boston   the   election   commissioners,    shall   cause   each  guard  rails  to 
polling  place  in  their  respective  cities  and  towns  to  be  etc?™    led' 
provided   with   a   sufficient   number   of   suitable   marking  J|-7L- 11>  §§  8> 
shelves   or  compartments  where  voters  may  conveniently 
and  secretly  mark  their  ballots;  and  they  shall  cause  a 
guard   rail   to   be   so   placed   that   only   persons  who   are 
inside  thereof  can  approach  within  six  feet  of  the  ballot 
boxes  or  of  the  marking  shelves  or  compartments.     The 
ballot  boxes  and  the  marking  shelves  or  compartments  shall 
be  in  open  view  of  persons  in  the  polling  place  outside 
the  guard  rail.     The  number  of  marking  shelves  or  com- 
partments shall  be  not  less  than  one  for  every  seventy-five 
voters  at  such  polling  place,  and  not  less  than  five  in  any 
voting  precinct  of  a  city,  and  not  less  than  three  in  any 
town  or  voting  precinct  thereof.     Each  marking  shelf  or  Supplies,  etc., 
compartment  shall  at  all  times  be  provided  with  proper  " 

supplies  and  conveniences  for  marking  the  ballots. 


BALLOT    BOXES,    VOTING    MACHINES,    COUNTING    APPARATUS 
AND    BLANKS. 

SECTION    217.      The    secretary    of    the    commonwealth  state  ballot 

shall,  at  the  expense  of  the  commonwealth,  provide  every  counting 

city  and  town  for  use  at  every  polling  place  therein  with  bePParoavided? 

a  state  ballot  box  and  counting  apparatus  approved  by  the  **•  {g8n£70 

board  of  voting  machine  examiners  as  provided  in  section  i903,  368,  §  2. 
two   hundred    and   twenty-four   of   this   chapter.      Ballot 


80 


ELECTION   APPARATUS   AND    BLANKS. 


Blank  forms 
to  be  pro- 
vided. 


Blanks  and 
envelopes  for 
returns  of 
votes,  etc. 
R.  L.  11,  §  189 


Ballot  boxes 

and  counting 

apparatus, 

care,  repair, 

etc. 

R.  L.  11,  §§8, 

190. 


Defective 
ballot  boxes, 
etc.,  may  be 
replaced. 
R.  L.  11,  §  191. 


Precinct  seals, 

use,  custody, 

etc. 

R.  L.  11,  §§  8, 

193. 


boxes  shall  be  purchased  by  the  secretary  at  a  price  not 
exceeding  fifty  dollars  each.  The  secretary  shall  like- 
wise provide  every  city  and  town  for  use  at  each  polling 
place  by  the  election  officers  in  the  canvass  and  count  of 
votes,  with  suitable  blank  forms,  approved  by  the  secre- 
tary, the  treasurer  and  receiver  general,  and  the  auditor 
of  accounts,  or  by  a  majority  of  them. 

SECTION"  218.  The  secretary  of  the  commonwealth 
shall  provide  every  city  and  town  with  suitable  blank 
forms  and  envelopes  for  all  certificates,  copies  of  records 
and  returns  required  to  be  made  at  his  office,  with  such 
printed  directions  thereon  as  he  may  deem  necessary;  and 
such  other  blank  forms  and  suggestions  and  instructions, 
as  will  assist  the  election  officers  in  the  performance  of 
their  duties.  The  clerk  of  the  courts  of  the  several  coun- 
ties shall  in  like  manner  provide  cities  and  towns  with 
suitable  blank  forms  and  envelopes  for  all  certificates, 
copies  of  records  and  returns  required  to  be  made  to  the 
county  commissioners  and  boards  of  examiners. 

SECTION  219.  The  clerk  of  each  city  or  town,  in  Bos- 
ton the  election  commissioners,  shall  provide  therein  a 
place  for  the  safe  keeping  of  the  ballot  boxes  and  counting 
apparatus  furnished  by  the  commonwealth,  shall  have  the 
care  and  custody  thereof,  and  shall  see  that  they  are  kept 
in  good  order  and  repair.  The  custody,  care  and  repair 
of  all  such  ballot  boxes  and  apparatus  shall  be  at  the 
expense  of  the  city  or  town,  but  shall  be  subject  to  the 
supervision  and  control  of  the  secretary  of  the  common- 
wealth, who  may,  at  the  expense  of  the  commonwealth, 
subject  to  approval  as  aforesaid,  cause  necessary  improve- 
ments to  be  made  in  any  of  such  ballot  boxes  or  apparatus. 

SECTION  220.  If  a  state  ballot  box  becomes  defective 
or  is  lost  or  destroyed,  the  secretary  of  the  commonwealth 
shall,  upon  application  by  the  clerk  of  the  city  or  town 
in  which  such  box  is  used  or  by  the  election  commis- 
sioners of  the  city  of  Boston,  provide  another  ballot  box 
at  the  expense  of  such  city  or  town. 

SECTION  221.  The  clerk  of  every  city,  in  Boston  the 
election  commissioners,  and  the  clerk  of  every  town  divided 
into  voting  precincts  shall  furnish  to  the  clerk  of  each 
voting  precinct  a  seal  of  suitable  device,  with  a  designation 
thereon  of  such  precinct;  and  such  seal  shall  be  used  in 
sealing  all  envelopes  required  by  law  to  be  used  at  the  elec- 


ELECTION   APPAKATUS   AND    BLANKS.  81 

tions.  The  clerk  of  the  precinct  shall  retain  the  custody 
of  the  seal,  and  shall,  at  the  end  of  his  term  of  office, 
deliver  the  same,  with  the  records  of  the  precinct  and 
other  official  documents  in  his  custody,  to  the  city  or  town 
clerk,  or  election  commissioners. 

SECTION  222.    Every  city  and  town  clerk,  or  in  Boston  Ballot  box, 
the  election  commissioners,  shall  send  to  the  election  offi-  eTcpato  be 
cers  at  each  polling  place,  before  the  opening  of  the  polls  place*0  E 
on  the  day  of  an  election  or  meeting  at  which  the  same  are  Jg4L'  n>  §§  8> 
required  to  be  used,  the  ballot  box,  blank  forms  and  count- 
ing and  other  apparatus. 

SECTION  223.     There  shall  be  a  state  board  of  voting  state  board 
machine  examiners,  consisting  of  three  persons,  of  whom  machine  ex- 
one  shall  be  an  expert  in  patent  law,  and  two  shall  be  JSSS^tT 
mechanical  experts.      Said  examiners  shall  be  appointed  R.T.'ii,  §  270. 
by  the  governor  in  the  month  of  June  in  the  year  nine-  1903-  368,  §  i. 
teen  hundred  and  eight  and  every  five  years  thereafter. 
They  shall  hold  office  for  the  term  of  five  years,  subject, 
however,  to  removal  at  the  pleasure  of  the  governor;  and 
any  vacancy  shall  be  filled  by  the  governor  for  the  re- 
mainder   of   the   unexpired   term.      No  person   shall   be  Certain  per- 
eligible  for  appointment  who  has  a  pecuniary  interest  in  Sbie. 
any  voting  machine,   ballot   box   or   counting   apparatus. 
Their   compensation   shall   be  paid  by   the   persons   sub-  Compensation. 
mitting  the   machines,   boxes   or  counting  apparatus   for 
examination  ;  and  such  compensation  shall  not  exceed  one 
hundred  and  fifty  dollars  to  each  examiner  for  the  exam- 
ination or  re-examination  of  a  machine,  fifteen  dollars  for 
the   examination  or  re-examination  of  a  ballot  box,   and 
five    dollars    for    the    examination    or    re-examination    of 
counting  apparatus. 

SECTION  224.     Said  voting  machine  examiners  shall  at  Examination 

i  i  i  •    •  i  ITT       ancl  approval 

such  times,  under  such  conditions,  and  after  such  public  of  voting 

i  -i-ni  •  •  .  \  •  machines, 

notice  as  they  shall  determine,  examine  voting  machines,  ballot  boxes 


ballot  boxes  and  counting  apparatus  ;  and  they  shall  certify 

to  the  secretary  of  the  commonwealth  their  approval  of  f§  igg/fco. 

such  machines,  ballot  boxes  and  counting  apparatus  as  in  1903'  368>  §  2- 

their  judgment  conform  to  the  requirements  of  law.     Vot- 

ing machines  shall  furnish  convenient,  simple  and  satis- 

factory means  of  voting  and  of  ascertaining  the  true  result 

thereof  with  facility  and  accuracy,  special  regard  being 

given  to  the  prevention  and  detection  of  double  voting; 

but  no  machine  shall  be  approved  which  does  not  secure 


82 


ELECTION   APPARATUS   AND   BLANKS. 


Only  approved 
machines, 
ballot  boxes 
and  counting 
apparatus  to 
be  used. 


Purchase  and 

use  of  voting 

machines. 

R.  L.  11,  §§8, 

271. 


Persons  of 
whom  voting 
machines  or 
ballot  boxes 
are  purchased 
to  give  bond, 
etc. 

R.  L.  11, 
§§  192,  272. 
1903,  368,  §  3. 
1905,  313,  §  1. 


to  the  voter  as  much  secrecy  in  voting  as  is  afforded  by 
the  use  of  the  official  ballot.  Ballot  boxes  shall  have  suffi- 
cient locks  and  keys  or  seal  fastenings,  and  shall  contain 
mechanical  devices  for  receiving,  registering  and  cancel- 
ling every  ballot  deposited  therein;  but  no  such  box  shall 
record  any  distinguishing  number  or  mark  upon  a  ballot. 
No  machine,  ballot  box  or  counting  apparatus  except  such 
as  is  approved  in  accordance  with  the  provisions  of  this 
section  shall  be  used  at  any  election,  caucus  or  primary  in 
this  commonwealth ;  nor  shall  any  such  machines,  ballot 
boxes  or  counting  apparatus  be  used  except  in  accordance 
with  the  provisions  of  this  and  the  four  following  sections. 

SECTION  225.  A  city  or  town  may,  at  a  meeting  held 
not  less  than  ten  days  before  the  annual  city  election  in  a 
city  and  before  the  annual  town  meeting  in  a  town,  de- 
termine upon  and  purchase  one  or  more  voting  machines, 
approved  as  provided  in  the  preceding  section,  and  order 
the  use  thereof  at  elections  of  state,  city  or  town  officers 
in  said  city  or  town;  and  thereafter  at  all  elections  of 
state,  city  or  town  officers  in  said  city  or  town,  until 
otherwise  ordered  by  the  aldermen  in  a  city  and  the  select- 
men in  a  town,  said  machines  shall  be  used  for  the  purpose 
of  voting  for  the  officers  to  be  elected  at  such  elections 
and  for  taking  the  vote  upon  the  question  of  granting 
licenses  for  the  sale  of  intoxicating  liquors  and  upon  other 
questions  submitted  to  the  voters,  and  shall  also  be  used 
at  caucuses  if  in  a  town  or  in  a  ward  of  a  city,  fifty  voters, 
members  of  the  political  party  whose  caucus  is  to  be 
held,  sign  and  file  such  request  with  the  city  or  town 
clerk.  In  Boston,  the  power  to  determine  upon,  purchase 
and  order  the  use  of  voting  machines  shall  be  vested  in  a 
board  consisting  of  the  election  commissioners  and  the 
mayor  of  the  city;  and  the  expense  so  incurred  shall  be 
deemed  an  expense  of  the  election  department  of  said  city ; 
and  the  machines  so  purchased  shall  be  used  at  such  elec- 
tions, caucuses  and  primaries  in  that  city  as  the  election 
commissioners  may  from  time  to  time  determine. 

SECTION  226.  When  voting  machines  or  ballot  boxes 
are  purchased  by  the  commonwealth  or  a  city  or  town  the 
persons  of  whom  the  purchase  is  made  shall  give  to  the 
secretary  of  the  commonwealth  or  city  or  town  clerk  as 
the  case  may  be  a  bond  with  sufficient  sureties  to  keep 
such  machines  or  ballot  boxes  in  working  order  for  two 
years  at  their  own  expense.  Such  persons  shall  also  give 


PREPARATION  AND  FORM  OF  BALLOTS.          83 

a  bond  with  sufficient  sureties,  conditioned  to  defend  and 
indemnify  the  commonwealth  or  cities  and  towns  pur- 
chasing and  using  the  machines  or  ballot  boxes,  against 
any  suit  at  law  or  in  equity,  and  for  any  expense,  damage 
or  inconvenience  which  they  may  incur  or  suffer  by  reason 
of  any  suit  brought  against  them  for  infringement  of 
patents,  arising  from  the  purchase  or  use  of  such  machines 
or  ballot  boxes. 

SECTION  227.    The  secretary  of  the  commonwealth  shall 
make  regulations  for  the  use  of  the  voting  machines,  ballot 
boxes  and  counting  apparatus  approved  by  the  state  board 
of  voting  machine  examiners,  and  shall  prepare  and  fur-  apparatus, 
nish  suitable  instructions  for  the  voters  in  cities  and  towns  1905!  313,  §  2.' 
in  which  such  machines,  ballot  boxes  and  counting  appara- 
tus are  used. 

SECTION  228.     ~No  voting  machine  shall  be  used  at  an  Voting 
election,  caucus  or  primary  until  it  has  been  inspected 
under  the  direction  of  the  secretary  of  the  commonwealth, 
and  found  upon  such  inspection  to  conform  to  drawings  igjj8 
and  specifications  to  be  filed  in  the  office  of  the  secretary  454- 
by  the  board  of  examiners,  with  their  report  on  the  ma- 
chine, nor  shall  any  ballot  box  or  counting  apparatus  be  so 
used  until  it  has  been  inspected  and  approved  under  the 
direction  of  the  secretary. 


PREPARATION  AND  FORM   OF  BALLOTS- 
SECTION  229.     All  ballots  for  use  in  elections  of  state  Ballots,  prepa- 
officers  shall  be  prepared  and  furnished  by  the  secretary  fSSSshtng. 
of  the  commonwealth ;  all  ballots  for  use  in  elections  of  ^5L-  n» §§  8- 
city  officers,  by  the  city  clerk,  in  Boston  by  the  election 
commissioners ;  and  all  ballots  for  use  in  elections  of  town 
officers,  in  a  town  which  has  voted  to  use  official  ballots, 
by  the  town  clerk.     No  ballots  as  herein  provided  shall  be  Ballots  not  to 
printed  in  any  printing  establishment  owned  or  managed  clrfa^Stab- 
by  the  city  of  Boston.  Ushments. 

SECTION  230.     General  ballots  for  the  use  of  male  vot-  General 

,     ,,  .  ballots. 

ers  in  a  voting  precinct  or  town  shall  contain  the  names  R.  L.  11,  §  195. 
of  all  candidates  duly  nominated  for  election  therein,  and 
such  ballots  shall,  except  as  provided  in  section  two  hun- 
dred and  thirty-two,  contain  the  name  of  no  other  person. 

To  the  name  of  each  candidate  for  a  state  office  shall  be  Residence  to 
added  the  name  of  the  city  or  town  in  which  the  candidate  name^T*  to 
resides.  To  the  name  of  each  candidate  for  a  city  office  candidate. 


PREPARATION  AND  FORM  OF  BALLOTS. 


Political 
designation. 


Candidates 
with  same 
designation. 


Designation 
of  certain 
candidates 
nominated  by 
nomination 
papers. 


Candidates 
receiving 
nomination  of 
more  than  one 
party,  etc., 
may  direct  as 
to  order  on 
ballot. 


Arrangement 

of  names. 

R.  L.  11,  §§  8, 

197. 

1907,  429,  §  8. 


shall  be  added  the  name  of  the  street  on  which  he  resides, 
with  his  street  number,  if  any ;  and  to  the  name  of  each 
candidate  for  the  office  of  alderman-at-large  shall  also  be 
added  the  number  of  the  ward  in  which  he  resides. 

To  the  name  of  each  candidate  for  a  state  or  city  office 
shall  be  added  his  party  or  political  designation,  expressed 
in  accordance  with  section  one  hundred  and  seventy-five. 
To  the  name  of  each  candidate  for  a  town  office  upon  an 
official  ballot  shall  be  added  the  designation  of  the  party 
or  principle  which  he  represents,  contained  in  the  certifi- 
cate of  nomination  or  nomination  papers.  No  greater 
number  of  candidates  for  any  office,  bearing  the  same 
political  designation,  nominated  otherwise  than  by  nom- 
ination papers,  shall  be  placed  upon  the  official  ballot  than 
are  to  be  elected. 

If  the  name  of  a  political  party  is  used  in  connection 
with  some  other  name  or  term  as  the  designation  of  a 
candidate  nominated  for  a  state  or  city  office  by  a  nom- 
ination paper,  the  words  "  nomination  paper  ",  or  "  nom. 
paper  ",  shall  be  added  to  such  political  designation. 

If  a  candidate  shall  receive  the  nomination  of  more 
than  one  party  or  more  than  one  political  designation  for 
the  same  office,  he  may,  within  the  seventy-two  hours  next 
succeeding  five  o'clock  of  the  last  day  fixed  for  the  filing 
of  nomination  papers,  by  a  writing  delivered  to  the  officer 
or  board  required  by  law  to  prepare  the  official  ballot, 
direct  in  what  order  the  several  nominations  or  political 
designations  shall  be  added  to  his  name  upon  the  official 
ballot;  and  such  directions  shall  be  foDowed  by  the  said 
officer  or  board.  If,  during  said  time,  said  candidate 
shall  neglect  to  direct  in  writing  as  aforesaid,  then  said 
officer  or  board  shall  add  said  nominations  or  political 
designations  to  the  name  of  said  candidate  upon  the  offi- 
cial ballot  in  such  order  as  said  officer  or  board  shall  de- 
termine. 

SECTION  231.  The  names  of  candidates  for  every  state, 
city  and  town  office,  except  the  names  of  candidates  for 
presidential  electors,  shall  be  arranged  under  the  desig- 
nation of  the  office  in  alphabetical  order  according  to  the 
surnames ;  but  the  names  of  candidates  for  the  same  office 
but  for  different  terms  of  service  therein  shall  be  arranged 
in  groups  according  to  the  length  of  their  respective  terms, 
and  the  names  of  candidates  nominated  by  single  wards 


PREPARATION   AND   FORM    OF   BALLOTS.  85 

but  to  be  voted  for  at  large  shall  be  arranged  in  groups 

by  wards.     In  the  case  of  the  office  of  representative  in  Designation 

congress,  the  designation  may  be  "  congressman."     Blank  repre?enet?- 

spaces  shall  be  left  at  the  end  of  the  list  of  candidates  for  £ess.n  ™n~ 

each  different  office,  equal  to  the  number  to  be  elected  Blank  spaces 

thereto,  in  which  the  voter  may  insert  the  name  of  any 

person  not  printed  on  the  ballot  for  whom  he  desires  to 

vote  for  such  office.     If  the  approval  of  a  constitutional  Question  to 

..,.•,,  De  submitted 

amendment  or  any  other  question  is  submitted  to  the  vot-  to  voters, 
ers,  it  shall  be  printed  on  the  ballot  after  the  names  of  the 
candidates. 

Special  ballots  containing  only  the  names  of  candidates  Special 
for  school  committee  shall  also  be  prepared  in  like  manner  b 
and  printed  for  the  use  of  women  qualified  by  law  to  vote 
for  school  committee. 

Ballots  shall  be  so  printed  as  to  give  to  each  voter  an  Marking  of 
opportunity  to  designate  by  a  cross  [  X  ],  in  a  square  at  directions  for, 
the  right  of  the  name  and  designation  of  each  candidate,  etc- 
and  at  the  right  of  each  question,  his  choice  of  candidates 
and  his  answer  to  such  question ;  and  upon  the  ballots  may 
be  printed  such  directions  as  will  aid  the  voter:  for  ex- 
ample, "  vote  for  one  ",  "  vote  for  two  ",  "  yes  ",  "  no  ", 
and  the  like.  On  the  back  and  outside  of  each  ballot 
when  folded  shall  be  printed  the  words,  "  Official  Ballot 
for  ",  followed  by  the  designation  of  the  voting  precinct 
or  town  for  which  the  ballot  is  prepared,  the  date  of  elec- 
tion, and  a  facsimile  of  the  signature  of  the  secretary  of 
the  commonwealth,  or  city  or  town  clerk,  in  Boston  a 
facsimile  of  the  signatures  of  the  election  commissioners, 
who  has  caused  the  ballot  to  be  prepared.  Special  ballots 
shall  have  the  additional  indorsement,  "  For  School  Com- 
mittee only  ". . 

SECTION  232.    The  names  of  candidates  for  presidential  Presidential 

i  in!  i     •  •  electors, 

electors  shall  be  arranged  in  groups  as  presented  in  the  arrangement 

-,  ,.p  ,.    c          •        ••  •  of  names  of 

several  certificates  of  nomination  or  nomination  papers,  candidates, 
The  groups  shall  be  arranged  in  the  alphabetical  order  of  R.CL.  11,  §  198. 
the   surnames   of  the   candidates   for   president,    and   the 
names  of  the  candidates  in  each  group  shall  be  printed 
upon  the  ballots  in  two  columns  of  equal  width.     If  candi- 
dates  are  nominated   at  large   and   for  the  several  con- 
gressional districts,  the  name  and  place  of  residence  of 
one  of  the  candidates  at  large  shall  be  put  at  the  head  of 
each  column,  and  the  names  of  the  other  candidates  with 


86          PREPAKATION  AND  FORM  OF  BALLOTS. 

their  places  of  residence  and  the  numbers  of  their  con- 
gressional districts  shall  follow  in  the  numerical  order 
of  the  districts.  The  surnames  of  the  candidates  of  each 
political  party  for  the  offices  of  president  and  vice  presi- 
dent, with  the  political  designation  thereof  at  the  right 
of  the  surnames,  shall  be  placed  in  one  line  above  the 
group  of  candidates  of  such  party  for  electors.  A  suffi- 
cient square  in  which  each  voter  may  designate  by  a 
cross  [  X  ]  his  choice  for  electors  shall  be  left  at  the 
right  of  each  political  designation;  and  no  other  space  or 
margin  shall  be  left  in  any  such  group  of  candidates, 
official  SECTION  233.  The  official  ballots  shall,  except  as  other- 

ballots,  paper,         .  .111  i          c         T  i«.  •     *• 

size,  form,  wise  provided  herein,  be  of  ordinary  white  printing  paper, 
R.  L!  11,  §  199.  of  two  or  more  pages,  and  shall,  before  distribution,  be  so 
folded  as  to  measure  not  less  than  four  and  one  half 
inches  nor  more  than  five  inches  in  width  and  not  less 
than  six  inches  nor  more  than  thirteen  and  one  half  inches 
in  length.  The  names  of  all  candidates  shall  be  printed  in 
black  ink  in  lines  at  a  right  angle  with  the  length  of  the 
ballot.  The  names  of  all  candidates,  other  than  candidates 
for  presidential  electors  and  for  president  and  vice  presi- 
dent, and  the  initial  letters  of  all  names  of  candidates  for 
presidential  electors,  shall  be  in  capital  letters  not  less 
than  one  eighth  of  an  inch  nor  more  than  one  quarter  of 
an  inch  in  height.  The  surnames  and  political  designa- 
tions of  the  candidates  for  president  and  vice  president 
shall  be  in  capital  letters  not  less  than  three  sixteenths  of 
an  inch  in  height. 

totSiStod"        The   special   ballots  for  women  registered  to  vote   for 
paPCe°rlored         school  committee  shall  be  printed  on  colored  paper  of  a 

different  color  from  that  of  specimen  ballots. 

anad10ci?yseiaece-         SECTION   234.      Two  sets  of  ballots,   each   of  not  less 
to°benumber    t^ian   sixty  ballots   f°r   every  fifty   and  fraction   of   fifty 
provided.         voters,  shall  be  provided  for  each  polling  place  at  which 
an  election  for  state  or  city  officers  is  to  be  held.     Two 
sets  of  special  ballots,  each  of  not  less  than  sixty  ballots 
for  every  fifty  and  fraction  of  fifty  women  registered  to 
vote  for  school  committee  shall  be  provided  for  each  poll- 
ing place  at  which  an  election  for  city  officers  is  to  be 
held. 

Sons"  lumber        If  ballots  are  prepared -by  the  town  clerk,  one  set  of 

to  be  provided.  generai   ballots   of  not  less  than   sixty   ballots   for  every 

fifty  and  fraction  of  fifty  voters  shall  be  provided.     One 

set  "of  special  ballots  of  not  less  than  sixty  ballots  for  every 


INFORMATION   TO   VOTERS.  87 

fifty  and  fraction  of  fifty  women  registered  to  vote  for 
school  committee  shall  be  provided. 

A  sufficient  number  of  partial  ballots  in  state  elections  Partial  ballots, 
shall  be  prepared  for  voters  who  may  be  entitled  to  vote  certain  c'Les. 
for  a  part  only  of  the  officers  to  be  voted  for  in  a  city 
or  town.     A  statement  shall  be  printed  on  the  back  of 
such  ballots,  in  addition  to  the  official  indorsement,  indi- 
cating the  class  of  voters  for  whose  use  the  ballots  are 
furnished,  and  such  ballots  only  shall  be  furnished  to  such 
voters. 

SECTION   235.      Ballots,   in  convenient  numbers,   shall  £S£*dfe* 
be   arranged   in  packages.      A  record  of  the  number  of  packages  etc. 

.     ,,  e.          i  1      i  V-  -i     ,  i  IT  i  in    R.  L.  11,  §  201. 

ballots  printed  and  delivered  to  each  polling  place  shall 
be  kept  by  the  secretary  of  the  commonwealth,  or  the  city 
or  town  clerk,  for  one  year. 

SECTION  236.     If  a  vacancy  occurs  or  is  declared  in  the  Anting  of 

•>  .,..,.,.  ballots  when 

list  of  nominations,  by  reason  ol  death  or  inehgibility,  a  vacancy 
the  name  of  the  candidate  nominated  to  fill  such  vacancy  R.  iTii,  §  202. 
shall,  if  the  ballots  have  not  been  printed,  be  placed  on 
them  or,  if  the  ballots  have  been  printed,  ballots  contain- 
ing the  new  nomination  shall,  when  practicable,  be  sub- 
stituted. 

INFORMATION   TO    VOTERS. 

SECTION  237.     The  secretary  of  the  commonwealth  in  Pasrt^c°tfion> 
state  elections,  city  clerks  in  city  elections,  in  Boston  the  gc-L  n  §§  8 
election  commissioners,  and  town  clerks  in  town  elections  203. 
at  which  official  ballots   are  used,   shall,   for  every  such 
election,  prepare  and  cause  to  be  printed  in  large  clear 
type  cards  containing  full  instructions  to  voters  for  ob- 
taining ballots,   marking  them,   obtaining   assistance   and 
new  ballots  in  place  of  those  accidentally  spoiled ;  and  on 
separate  cards  such  abstracts  of  the  laws  imposing  pen- 
alties upon  voters  as  they  shall  deem  proper.     They  shall 
also  provide  for  each  polling  place  ten  or  more  specimen 
ballots  which  shall  be  facsimiles  of  the  ballots  provided 
for  voting,  but  printed  without  the  indorsements  and  on 
colored  paper.     The  secretary  of  the  commonwealth  shall 
provide  copies  of  any  proposed   amendment  to  the  con- 
stitution  submitted  to  the  people,  with  a  heading  in  large  tution. 
type,  "  Proposed  Amendment  to  the  Constitution  ". 

SECTION    238.      The    secretary   of   the    commonwealth  Lists  of  can- 
shall,   at  least   five  days  before  state   elections,   transmit  state  elections, 
to  the  registrars,  in  Boston  to  the  election  commissioners,  mittedTo"8' 


88  DELIYEEY   OF   BALLOTS,    ETC. 

registrars,         printed   lists   of   the   names,   residences   and   designations 

R.L.  11,  §§8,   of  candidates  to  be  voted  for  at  each  polling  place,  sub- 

1907,  429,  §  9.  stantially  in  the  form  of  the  official  ballot,  and  also  printed 

copies   of   any  proposed   amendment   to   the   constitution. 

TO  be  posted.    ^^Q  registrars  or  election  commissioners  shall,  upon  the 

receipt  thereof,  conspicuously  post  in  not  less  than  three 

public  places  in  each  voting  precinct  or  town  the  lists  and 

copies  aforesaid  for  such  precinct  or  town. 

£jty. election,  SECTION  239.  City  clerks,  in  Boston  the  election  com- 
guwication.  missioners,  shall,  at  least  four  days  before  a  city  election, 
205.  '  cause  to  be  posted  in  every  voting  precinct  the  names, 

residences  and  designations  of  all  candidates  duly  nom- 
inated to  be  voted  for  in  such  city,  substantially  in  the 
form  of  the  official  ballot,  and  cause  the  same  to  be 
published  in  at  least  two  newspapers,  if  there  are  so  many 
published  in  said  city,  representing  so  far  as  practicable 
the  two  leading  political  parties. 

posTi!i|lecti°n'       SECTION  240.     Town  clerks  in  towns  using  official  bal- 
R.  L.  li,  §  206.  lots  shall,   at  least  four  days  before   an  election  therein, 
cause  to  be  posted  in  one  or  more  public  places  the  names, 
residences  and  designations  of  all  candidates  duly  nom- 
inated to  be  voted  for  in  such  town,  substantially  in  the 
form  of  the  official  ballot. 
Lists  of  SECTION  241.     The  secretary  of  the  commonwealth,  be- 

candidates,  ,,  _        .  1  1  i  t»  i      t          •*•  * 

etc.,  state  and  lore  state  elections,  shall  cause  to  be  published  a  list  of 
tobeepSb°n'  all  candidates  to  be  voted  for  in  the  county  and  the 
R.hL?ii,  §§  s,  question  on  the  approval  and  ratification  of  any  proposed 
amendment  to  the  constitution,  and  the  city  clerks,  in 
Boston  the  election  commissioners,  before  city  elections, 
a  list  of  all  candidates  to  be  voted  for  in  their  respective 
cities.  Such  lists  and  questions  shall  be  in  the  form,  as 
near  as  may  be,  in  which  they  are  to  appear  upon  the 
official  ballot,  and  said  publication  shall  be  made  for 
state  elections  in  at  least  two  newspapers  in  the  county 
and  for  city  elections  in  at  least  two  newspapers  in  the 
city,  if  there  are  so  many  in  the  county  or  city,  repre- 
senting so  far  as  practicable  the  two  leading  political 
parties. 

DELIVERY  OF  BALLOTS,    ETC. 

SECTION  242.     Each  set  of  ballots,  for  state  elections, 
§§  8  be  enclosed  in  one  package  by  the  secretary  of  the 

208.  '   commonwealth,   sealed  and  marked  with  the  number  of 


DELIVERY    OF    BALLOTS,    ETC.  89 

ballots  of  each  kind  therein,  and  specimen  ballots,  cards 
of  instruction  and  copies  of  any  proposed  amendment 
to  the  constitution  shall  be  enclosed  in  another  package, 
and  the  whole  shall  be  further  enclosed  in  a  single  pack- 
age with  marks  on  the  outside  indicating  its  contents  and 
the  polling  place  for  which  it  is  intended. 

He  shall  transmit  to  the  city  or  town  clerks,  in  Boston  Delivery, 
to   the   election   commissioners,   at   different   times   or  by  r<   )rd'etc- 
different  means  two  sets  of  ballots,  cards  of  instruction 
and  copies  of  proposed  amendments  to  the  constitution,  so 
that   both   sets    shall   be   received   at   least   twelve   hours 
before   the   date   of  election,   and   the   clerks   or  election 
commissioners  shall  return  receipts  therefor  to  the  secre- 
tary.    He  shall  keep  a  record  of  the  time  when  and  the 
manner   in   which   the   several  packages   are   transmitted, 
and  shall  preserve  the  receipts  therefor  for  one  year. 

The  clerk  of  each  city,  in  Boston  the  election  commis-  city  and 
sioners,  and  the  clerk  of  each  town  using  official  ballots 
shall  enclose  the  ballots,  specimen  ballots  and  cards  of 
instruction  for  city  or  town  elections  in  the  same  manner. 

SECTION  243.     The  city  or  town  clerk,  in  Boston  the  Delivery  at 
election  commissioners,   shall,   on  the  day  of  every  state  andScityate 
or  city  election,  before  the  opening  of  the  polls,  transmit  f{CLioii8'§§  g 
to  the  election  officers  of  each  polling  place  therein,  one  set  fork2^  §  m 
of  ballots  with  accompanying  specimen  ballots,   cards  of 
instruction  and  copies  of  proposed  amendments  to  the  con- 
stitution, which  have  been  provided  for  such  polling  place ; 
and  the  presiding  election  officer  at  the  polling  place  shall 
receipt  therefor  to  the  clerk,   or  election  commissioners, 
and  such  receipt,  with  a  record  of  the  number  of  ballots 
transmitted,  shall  be  kept  in  the  clerk's  or  election  com- 
missioners' office  for  one  year.     The  second  set  of  ballots  second  set. 
shall  be  retained  by  the  clerk  or  election  commissioners 
until  the  receipt  by  him  or  them  of  a  requisition  in  writ- 
ing of  the  presiding  election  officer  of  any  polling  place, 
when  it  shall  be  transmitted  to  such  polling  place  in  the 
manner  above  provided  as  to  the  first  set.     At  town  elec-  At  town 
tions,  the  town  clerk  shall,  on  the  day  of  the  election,  electlons- 
before  the  opening  of  the  polls,  deliver  the  ballots  at  the 
polling  place  to  the  ballot  clerks,  who  shall  receipt  there- 
for, and  their  receipt  shall  be  preserved  in  the  office  of  the 
clerk  for  the  period  of  one  year.     If  a  moderator  presides 
at   such   election,   no   such   ballots   shall   be   delivered   to 


90 


CALLING   OF   ELECTIONS. 


Substitute 
ballots. 
R.  L.  11,  §i 
210. 


voters  until  he  has  been  chosen.  The  town  clerk  shall 
also  deliver  the  specimen  ballots  and  cards  of  instruction 
at  the  same  time  and  place.  No  ballots  or  specimen 
ballots  shall  be  delivered  by  city  or  town  clerks  except 
as  provided  in  this  section. 

SECTION  244.  If  the  ballots  provided  for  any  polling 
8«  place  are  not  delivered,  or  if  after  delivery  they  are 
destroyed  or  stolen,  the  city  or  town  clerk,  in  Boston  the 
election  commissioners,  shall  cause  similar  ballots  to  be 
prepared;  and  upon  receipt  of  such  new  ballots,  accom- 
panied by  a  statement  by  the  clerk  or  election  commis- 
sioners under  oath  that  they  have  been  so  prepared  and 
transmitted  by  him  or  them,  and  that  the  original  ballots 
have  not  been  delivered  or  have  been  so  destroyed  or  stolen, 
the  ballots  so  substituted  shall  be  used. 


Annual  state 
election,  date, 
officers  to  be 
chosen. 


Calls  for. 

election  in 

cities. 

R.  L.  11,  §  212. 


In  towns. 


Seven  days' 
notice  to  be 
given. 


CALLING  OF   ELECTIONS. 

SECTION  245.  The  annual  state  election  for  the  choice 
of  governor,  lieutenant  governor,  councillors,  secretary, 
treasurer  and  receiver  general,  attorney-general,  auditor 
of  accounts,  and  senators  and  representatives  in  the  gen- 
eral court,  shall  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  November.  There  shall  also  be  chosen  at  the 
annual  state  election,  when  required  by  law,  presidential 
electors,  and,  in  their  respective  districts  or  counties,  rep- 
resentatives in  congress,  district  attorneys,  clerks  of  the 
courts,  registers  of  probate  and  insolvency,  registers  of 
deeds,  county  commissioners,  associate  commissioners, 
sheriffs  and  county  treasurers. 

SECTION  246.  Meetings  of  the  voters  of  each  city  for 
the  election  of  state  officers  and  city  officers  shall  be  called 
by  the  aldermen,  and  the  city  clerk  shall,  under  their 
direction,  cause  notice  of  such  meetings  to  be  printed  in 
one  or  more  newspapers  published  in  such  city  and  to  be 
conspicuously  posted  in  the  office  of  the  city  clerk ;  and 
in  Boston,  in  at  least  four  daily  newspapers  published 
therein.  Such  notices  shall  be  in  lieu  of  the  notices  or 
warrants  for  election  required  in  any  city  by  special  stat- 
utes. Meetings  of  the  voters  of  each  town  for  the  election 
of  state  officers  and  town  officers  shall  be  called  as  pro- 
vided in  section  three  hundred  and  fifty-six.  Meetings 
for  the  annual  state,  city  and  town  elections  shall  be  called 


CONDUCT    OF   ELECTIONS.  91 

at  least  seven  days  before  the  day  prescribed  for  the  hold- 
ing thereof. 

SECTION   247.      Notices  or  warrants  for  meetings   for  Warrants,  etc., 
state  and  city  elections  and  for  the  election  of  town  officers  offiS)  «t.c. 
in  towns  where  official  ballots  are  used  shall  specify  by  f^'  \\\* 213- 
name  all  the  offices  to  be  voted  for,  and  state  in  full  any 
proposed  amendment  to  the  constitution  or  other  question 
submitted  to  the   people.      They  shall   specify  the   time  TO  specify 

i  T  11  «TI     i  i  i     •  «i«     '          i  ^1        time  for  open- 

when  the  polls  will  be  opened,   and  in  cities,  when  the  ing  and  dosing 

polls  will  be   closed,   and  in  towns,  when  they  may  be  polls' etc' 
closed. 

In   cities,    the   polls   may  be   opened   as   early   as   six  in  cities,  time 
o'clock  in  the  forenoon  and  shall  be  opened  as  early  as  ciosm^polfi!1 
ten  o'clock  in  the  forenoon  and  shall  be  kept  open  at  least 
six  hours,  but  in  no  case  after  the  hour  of  sunset. 

In  towns,  at  the  election  of  state  and  town  officers,  the  in  towns, 
polls  may  be  opened  as  early  as  fifteen  minutes  before  six  inland °?o£ 
o'clock  in  the  forenoon  and  shall  be  opened  as  early  as  mgpolls- 
twelve  o'clock,  noon,  and  shall  be  kept  open  at  least  four 
hours,  and  until  the  time  specified  in  the  warrant  when 
they  may  be  closed ;  and  they  may  be  kept  open  for  such 
longer  time  as  the  meeting  shall  direct,  but  they  shall  not 
be  kept  open  after  the  hour  of  sunset.     At  annual  town 
meetings  they  shall  be  kept  open  at  least  one  hour  for  the 
reception  of  votes  upon  the  question  of  licensing  the  sale 
of  intoxicating  liquors.     After  an  announcement  has  been 
made  by  the  presiding  officer  of  a  time  so  fixed  for  closing 
the  polls  they  shall  not  be  closed  at  an  earlier  hour. 


CONDUCT    OF    ELECTIONS. 

SECTION  248.     At  an  election  of  state  or  city  officers,  state  and  city 
the  presiding  election  officer  at   each  polling  place   in  a  posVng In- 
city  or  town  shall,  before  the  opening  of  the  polls,  post  RP LCtnns§  214. 
at  least  three  cards  of  instruction,  three  copies  of  proposed  1907'  429- §  n- 
constitutional  amendments,  if  any,  and  at  least  five  speci- 
men ballots  within  the  polling  place  outside  the  guard 
rail,  and  the  cards  of  instruction  and  a  copy  of  any  pro- 
posed amendment  in  each  marking  compartment;  and  no 
other  poster,  card,  handbill,  placard,  picture  or  circular 
intended  to   influence  the   action  of  the   voter,   except  a 
paster  to  be  placed  upon  the  official  ballot,  shall  be  posted, 
circulated  or  distributed  in  the  polling  place,  in  the  build- 


92 


CONDUCT    OF   ELECTIONS. 


Pasters  to  be 
subject  to 
certain 
restrictions. 


Delivering  of 
ballots  to 
ballot  clerks. 


Specimen  bal- 
lots not  posted 
to  be  kept  in 
custody  of  pre- 
siding officer. 
State  ballot 
boxes  to  be 
used,  etc. 

At  opening  of 

polls  to  be 

shown  to  be 

empty. 

R.  L.  11,  §§  8, 

215. 


Record, 
custody  of  key. 


Not  to  be  re- 
moved from 
public  view. 


Opening  of 
box,  removal 
of  ballots,  etc. 


Presiding 
officer  to  have 
charge  of 
ballot  box, 
etc. 


State  ballot 
boxes,  pro- 
ceeding, when 
impossible  to 
use. 


ing  in  which  the  polling  place  is  located,  on  the  walls 
thereof,  on  the  premises  on  which  the  building  stands  or 
on  the  sidewalk  adjoining  the  premises  where  such  elec- 
tion is  being  held.  Pasters  to  be  placed  on  the  official 
ballot  shall  be  subject  to  all  the  restrictions  imposed  by 
sections  two  hundred  and  thirty  and  two  hundred  and 
thirty-three  as  to  names,  residences  and  political  designa- 
tions of  candidates  and  the  size  of  the  type  in  which  the 
names  shall  be  printed.  The  presiding  election  officer 
shall,  at  the  opening  of  the  polls,  publicly  open  the  pack- 
ages containing  the  ballots  and  deliver  them  to  the  ballot 
clerks.  All  specimen  ballots  not  posted  shall  be  kept  in 
the  custody  of  the  presiding  officer  until  after  the  closing 
of  the  polls. 

SECTION  249.  The  state  ballot  boxes  shall  be  used  for 
receiving  the  ballots  in  state  and  city  elections,  and  in 
town  elections  where  official  ballots  are  used.  The  election 
officers  at  each  polling  place  shall,  at  the  opening  of  the 
polls  and  before  any  ballots  are  received,  publicly  open 
the  ballot  box,  and  ascertain  by  personal  examination,  and 
publicly  show  that  the  same  is  empty,  and  shall  imme- 
diately thereafter  lock  or  fasten  the  box.  The  clerk  of  the 
precinct  or  town  shall  make  a  record  of  the  condition  of 
the  box  register,  and,  if  a  key  is  used,  it  shall  be  retained 
by  the  police  officer  or  constable  at  the  polling  place.  The 
ballot  box  shall  not,  after  it  is  shown  to  be  empty,  be 
removed  from  public  view  until  all  ballots  have  been 
removed  therefrom  and  the  box  has  been  relocked  or 
sealed.  The  ballot  box  shall  not  be  opened  nor  any  ballot 
removed  therefrom  until  the  polls  are  closed,  except  as 
provided  in  section  two  hundred  and  seventy ;  but  in  order 
to  make  room  for  ballots,  the  presiding  officer  may,  in  the 
presence  of  all  the  election  officers,  open  the  box  and  pack 
and  press  down  the  ballots  therein. 

The  presiding  officer  of  each  polling  place  shall  have 
charge  of  the  ballot  box  and  ballot  box  seal,  and  shall, 
at  the  close  of  each  election,  return  the  same,  either  per- 
sonally or  by  a  police  officer  or  constable  in  attendance  at 
the  polling  place,  to  the  city  or  town  clerk,  in  Boston  to 
the  election  commissioners. 

If  it  becomes  impossible  to  use  the  state  ballot  box,  the 
voting  shall  proceed  in  such  manner  as  the  presiding  officer 
shall  direct,  and  in  such  case  the  clerk  shall  record  the 
reason  why  such  ballot  box  is  not  used,  and  shall  enclose 


CONDUCT    OF   ELECTIONS.  93 

an  attested  copy  of  such  record  in  the  envelope  with  the 
ballots  cast.     The  provisions  as  to  the  use  and  custody  of  app7ySt°ns  to 
the  state  ballot  box  shall,  so  far  as  applicable,  apply  to  the  substitute. 
ballot  box  substituted  therefor. 

SECTION   250.      One   voting  list  shall  be  delivered  to  voting  lists, 
the  ballot  clerks  and  another  to  the  officers  in  charge  of  the  Use.very  and 
ballot  box.    When  a  ballot  is  delivered  to  a  voter,  his  name  R-  L-  11>  §  216- 
shall  be  checked  on  the   first  and  when  he  deposits  his 
ballot  it  shall  be  checked  on  the  second.     The  officer  in  Political  rep- 
charge  of  the  ballot  box  and  the  officer  in  charge  of  the  gS^dSt?* 
voting  list  shall  be  of  different  political  parties. 

SECTION  251.     No  election  officer  shall,  before  the  pub-  NO  statement 
lie  declaration  of  the  vote,  make  any  statement  of  the  before1  decfa- 
number  of  ballots  cast,  the  number  of  votes  given  for  any  R^L*^  §2??. 
person,  the  name  of  any  person  who  has  voted  or  whose 
name  has  not  been  checked,  or  of  any  other  fact  tending 
to  show  the  state  of  the  polls. 

SECTION  252.     No  persons  except  the  election  officers,  Persons  per: 
supervisors,  and  voters  admitted  for  the  purpose  of  voting,  ^Jard  rS.  " 
shall,   during  the  progress   of   an   election   and  until  the  R<  L'  n>  §  : 
public  declaration  of  the  vote,  be  permitted  within  the 
guard  rail,  unless  authorized  by  the  election  officers  for 
the  purpose  of  keeping  order  and  enforcing  the  law. 

SECTION  253.     No  more  than  four  voters,  besides  elec-  Number  of 
tion  officers  and  supervisors,  in  excess  of  the  number  of  ^ithin  guard  d 
marking  compartments  provided,  shall  be  allowed  at  one  gii^  ^     ^ 
time  within  the  guard  rail,  and  except  the  election  officers 
and  supervisors,  no  voters  shall  be  admitted  therein  after 
the  time  fixed  for  closing  the  polls;  but  voters  previously  Time  for 
admitted  shall  be  allowed  five  minutes  after  the  time  so 
fixed  to  deposit  their  ballots.  of  p°lls- 

SECTION  254.  The  presiding  officer  at  each  polling  presiding 
place  shall  enforce  the  performance  of  their  duties  by  °fnefli 
election  officers.  He  shall  have  authority  to  maintain  RxdLdiiie|' 
order  and  to  enforce  obedience  to  his  lawful  commands, 
during  an  election  and  the  counting  of  the  ballots  after 
the  close  of  the  polls,  in  and  about  the  polling  place  and 
to  keep  the  access  thereto  open  and  unobstructed,  and  he 
may  require  any  police  officer,  constable  or  other  person 
to  communicate  his  orders  and  directions  and  assist  in 
their  enforcement. 

SECTION  255.      The  board  or  officer  in  charge  of  the  Police  officerSi 
police  force  of  each  city  and  town  shall  detail  a  sufficient  serVe^rder 
number  of  police  officers  or  constables  for   each   polling  |*c^  n     2n 


powers 


94  MANNER   OF   VOTING. 

place  at  every  election  therein  to  preserve  order  and  to 
protect  the  election  officers  and  supervisors  from  any  in- 
terference with  their  duties  and  to  aid  in  enforcing  the 
provisions  of  this  chapter. 

Persons  smok-        SECTION  256.     Any  person  who,  during  an  election  or 
having  liquor,    town  meeting,  shall,  in  a  polling  place  or  place  of  such 

etc.,  to  be  ,.  R7  ,7  •       i  •  •  T    i  ,      i        • 

removed.  meeting,  smoke  or  have  in  his  possession  a  lighted  pipe, 
R.  L.  11,  §  222.  cjgar  or  cigarette,  or  carry  into  any  such  place  or  keep 
therein  any  intoxicating  liquor,  shall  be  deemed  guilty  of 
disorderly  conduct;  and  the  presiding  officer  shall  order 
him  to  remove  such  pipe,  cigar,  cigarette  or  liquor,  or  to 
withdraw  from  such  place,  and  for  disobedience  of  such 
order  shall  cause  him  to  be  removed  from  such  polling 
place  or  meeting. 

drtSfed/etS?        SECTION  257.     If  a  person  at  an  election  refuses  to 
but  not  pro-  '    Q^y  the  lawful  commands  of  the  presiding  officer  or,  by 

hibited  from          -i  •          i      i  •  -,•  T 

voting.  ^  disorderly  conduct  interrupts  or  disturbs  the  proceedings 
of  an  election  officer,  the  presiding  officer  may  require 
any  police  officer,  constable  or  other  person  to  take  him 
into  custody  and  detain  him  until  after  the  election;  but 
the  presiding  officer  may  at  any  time  order  his  release. 
Such  order  of  detention  shall  not  be  so  enforced  as  to 
prevent  such  person,  if  a  voter  at  that  polling  place,  from 
voting. 

office6^  when  SECTION  258.  Every  election  officer  shall  forthwith  re- 
law  is  violated,  port  any  violation  of  the  provisions  of  sections  two  hundred 
and  forty-five  to  three  hundred  and  two,  inclusive,  to  the 
police  officer  or  constable  in  attendance  at  the  polling 
place,  and  such  police  officer  or  constable  shall  cause  the 
offender  to  be  prosecuted. 


MANNER   OF   VOTING. 

SECTION  259.     Each  voter  desiring  to  vote  at  a  polling 
delivery  of  '      place  where  official  ballots  are  used  shall  give  his  name 

ballot,  etc.  i     .  /.  i     i  •  •  -i  <•     i       i    n 

R.  L.  ii,  §  225.  and,  if  requested,  his  residence  to  one  of  the  ballot  clerks, 
who  shall  thereupon  distinctly  announce  the  same;  and  if 
such  name  is  found  upon  the  voting  list  by  the  ballot 
clerk,  he  shall  check  and  repeat  the  name  and  give  one 
ballot  to  such  voter,  who  shall  then  be  admitted  within 
the  guard  rail.  If  not  entitled  to  vote  for  all  the  offices 
upon  the  ballot,  he  shall  receive  a  partial  ballot.  If  the 
voter  is  a  woman,  she  shall  receive  a  special  ballot  con- 


MANNER   OF    VOTING.  95 

taining  the   names    of   candidates   for   school   committee 
only. 

SECTION  200.  The  voter  on  receiving  his  ballot  shall,  JJjjJg*0' 
without  leaving  the  enclosed  space,  retire  alone  to  one  of  R.  L.  11,  §  227. 
the  marking  compartments,  and  shall,  except  in  the  case 
of  voting  for  presidential  electors,  prepare  his  ballot  by 
making  a  cross  [  X  ]  in  the  square  at  the  right  of  the  name 
of  each  candidate  for  whom  he  intends  to  vote  or  by  in- 
serting the  name  of  such  candidate  in  the  space  provided 
therefor  and  making  a  cross  in  the  square  at  the  right; 
and,  upon  a  question  submitted  to  the  vote  of  the  people, 
by  making  a  cross  in  the  square  at  the  right  of  the  answer 
which  he  intends  to  give. 

SECTION  261.  A  voter  may  vote  for  an  entire  group  voting  for 
of  candidates  for  presidential  electors  by  making  a  cross  5£?tora!tial 
[  X  ]  in  the  square  at  the  right  of  the  party  or  political  R- L>  u>  §  228< 
designation  immediately  above  such  group.  If  a  voter 
does  not  intend  to  vote  for  any  one  candidate  in  the  group, 
he  may  erase  his  name,  and  the  cross  shall  count  as  a  vote 
for  each  of  the  other  candidates  in  such  group.  If  a 
voter  desires  to  vote  for  another  person  in  place  of  a  candi- 
date whose  name  he  has  erased,  he  may  insert  his  name 
in  one  of  the  blank  spaces  and  make  a  cross  in  the  square 
at  the  right  thereof.  A  voter  who  does  not  mark  for  any 
group  of  candidates  may  vote  for  candidates  for  electors, 
up  to  the  number  to  be  elected,  by  inserting  names  in  the 
blank  spaces  at  the  end  of  the  groups  of  electors  and 
making  a  cross  in  the  square  at  the  right  of  each  name 
so  inserted. 

SECTION  262.    A  voter  who  declares  on  oath  to  the  pre-  Assistance  in 
siding  officer  that  he  had  the  right  to  vote  on  the  first  day  SJiot!18 
of  May  in  the  year  eighteen  hundred  and  fifty-seven  and  R<  L- n>  §  229> 
cannot  read,  or  that  from  blindness  or  other  physical  dis- 
ability he  is  unable  to  prepare  his  ballot  shall  be  assisted 
in   the   marking  thereof  by   one   or   two   of  the   election 
officers,  who  shall  be  of  such  political  party,  represented 
among  the  election  officers,  as  the  voter  may  request ;  and 
they  shall  certify,  on  the  outside  of  the  ballot  that  it  was 
marked  with  their  assistance,  and  shall  thereafter  give  no 
information  regarding  the  same. 

SECTION  263.     Except  as  authorized  by  this' chapter,  Certain  marks 
no  voter,  election  officer  or  other  person  shall  place  any  prohibited.1 
mark  upon  a  ballot  by  which  it  may  be  identified;  nor  R-L-n-  §  23°- 


96 


MANNER   OF   VOTING. 


Voter  spoiling 

ballot  may 

obtain  others, 

etc. 

R.  L.  11,  §231. 

1903,  474,  §  9. 

Voter  to  fold 

ballot;  etc. 

R.  L.  11,  §  232. 


Time  allowed 
in  enclosed 
space,  etc. 


Depositing 
ballot,  giving 
name,  etc. 
R.  L.  11,  §  233. 
1903,  474,  §  10. 
1906,  444,  §  8. 


No  ballot 
without  official 
endorsement 
to  be  de- 
posited, etc. 
Voter's  name 
to  be  checked, 
etc. 


Ballots  not  to 

be  removed, 

etc. 

R.  L.  11,  §  234. 


Proceedings 
when  vote  is 
challenged. 
R.  L.  11,  §  235. 


shall  any  person  place  a  mark  against  any  name  upon  a 
ballot  not  cast  by  himself. 

SECTION  264.  If  a  voter  spoils  a  ballot,  he  may  obtain 
two  others,  one  at  a  time,  upon  returning  each  spoiled 
one,  and  all  ballots  so  returned  shall  immediately  be 
marked  by  an  election  officer  "  Spoiled." 

SECTION  265.  Before  leaving  the  marking  compart- 
ment the  voter  shall  fold  his  ballot,  without  displaying 
the  marks  thereon,  as  it  was  folded  when  received  by  him, 
and  he  shall  keep  it  so  folded  until  he  has  voted.  A  voter 
shall  mark  and  deposit  his  ballot  without  undue  delay, 
and  shall  leave  the  space  enclosed  by  the  guard  rail  as  soon 
as  he  has  voted.  No  voter  shall  occupy  a  marking  com- 
partment occupied  by  another,  nor  remain  within  the 
guard  rail  more  than  ten  minutes,  nor  occupy  a  voting 
compartment  more  than  five  minutes,  if  all  the  marking 
compartments  are  in  use  and  other  voters  are  waiting  to 
occupy  the  same. 

SECTION  266.  A  voter  after  marking  his  ballot  shall 
give  his  name  and,  if  requested,  his  residence,  to  one  of 
the  officers  in  charge  of  the  ballot  box,  who  shall  distinctly 
announce  the  same.  If  the  name  is  found  upon  the  voting 
list  by  the  election  officer,  he  shall  distinctly  repeat  the 
name,  and  in  Boston  the  height,  and  check  the  name  upon 
the  voting  list ;  and  the  voter  may  then  deposit  his  ballot  in 
the  ballot  box  with  the  official  indorsement  uppermost  and 
in  sight.  No  ballot  without  the  official  indorsement,  except 
as  provided  in  section  two  hundred  and  forty-four,  shall 
be  deposited  in  the  ballot  box.  No  person  shall  vote  if  his 
name  is  not  on  the  voting  list,  nor  until  the  election  officer 
shall  check  his  name  thereon,  unless  he  presents  a  certifi- 
cate from  the  registrars  of  voters  as  provided  by  section 
sixty-four. 

SECTION  267.  No  person  shall  remove  any  ballot  from 
the  space  enclosed  by  the  guard  rail  before  the  polls  are 
closed.  No  voter  whose  name  has  been  checked  on  the 
voting  list  in  charge  of  the.  ballot  clerk,  other  than  an 
election  officer  or  supervisor,  shall  again  enter  such  en- 
closed space  during  the  election. 

SECTION  268.  If  in  any  state,  city  or  town  election  at 
which  official  ballots  are  used  the  right  of  a  person  offering 
to  vote  is  challenged  for  any  legal  cause,  the  presiding 
officer  shall  administer  to  him  the  following  oath: 


COUNTING   OF   VOTES.  97 

You  do  solemnly  swear  [or  affirm]  that  you  are  the  identical 
person  whom  you  represent  yourself  to  be,  that  you  are  registered 
in  this  precinct  [or  town]  and  that  you  have  not  voted  at  this 
election. 

He  shall  also  be  required  to  write  his  name  and  resi- 
dence on  the  outside  of  the  ballot  offered,  and  the  presid- 
ing officer  shall  add  thereto  the  name  of  the  person 
challenging,  and  the  cause  assigned  therefor,  whereupon 
such  ballot  shall  be  received;  and  no  person  shall  make 
any  statement  or  give  any  information  in  regard  thereto, 
except  as  required  by  law.  The  clerk  shall  record  the 
name  and  residence  of  every  person  who  has  been  chal- 
lenged and  has  voted. 

COUNTING   OF    VOTES. 

SECTION  269.    The  blank  forms  and  apparatus  provided  state  blanks 

1  1       i      11   i  -i    •  and  apparatus 

by  the  secretary  of  the  commonwealth  shall  be  used  in  as-  tobe used, 
certaining  the  result  of  the  election  or  vote  in  state  elections  R.  L.  n,  §  236. 
in  cities  and  towns,  in  city  elections,  in  elections  of  town 
officers  in  towns  in  which  official  ballots  are  used,   and 
also  in  taking  the  vote  upon  any  proposed  amendment  to 
the  constitution,   upon  the  question  of  granting  licenses 
for  the  sale  of  intoxicating  liquors,  and  upon  any  other 
question  submitted  by  statute  to  the  voters  of  the  common- 
wealth, or  of  any  city  or  town  in  which  official  ballots  are 
used.    If  it  is  impossible  to  use  such  blank  forms  or  appa-  proceedings 
ratus,  the  canvass  of  the  votes  shall  be  made  as  the  pre-  Sw^t^iEST 
siding  officer  shall  direct;  and  the  clerk  shall  record  the 
facts  relating  to  the  failure  to  use  such  blank  forms  or 
apparatus,    and   shall   enclose   an   attested   copy   of   such 
record  in  the  envelope  with  the  ballots  cast. 

SECTION  270.     If  the  state  ballot  box  is  used,  the  clerk  Proceedings 
shall,  as  soon  as  the  polls  are  closed,  record  the  ballot  box  p0iis°se 
register.     The  election  officers  shall  then,  publicly  and  in  23>L' llf  §§  8' 
the  presence  of  the  other  election  officers,  count  audibly  and  1906' 444' §  10< 
distinctly  the  number  of  names  checked  on  each  list  and 
announce  the  same.     The  ballot  box  shall  then  be  opened 
by  the  presiding  officer  and  the  ballots  taken  therefrom 
and  audibly  counted,  one  by  one,  and  the  whole  number 
of  ballots  cast  shall  be  publicly  announced  by  him.     The  Canvass  of 
ballots  may  be  divided  into  convenient  packages,  and,  ex- 
cept as  hereinafter  provided,  each  block  or  package  shall 


98 


COUNTING   OF   VOTES. 


At  state 
elections  in 
towns  not 
divided  into 
voting 
precincts. 

Announce- 
ment of 
result,  etc. 


Baltots,  pro- 
ceedings, etc., 
to  be  kept  in 
open  view, 
etc. 


Removal  of 
ballots  from 
ballot  box 
before  voting 
has  ceased, 
counting,  etc. 


No  announce- 
ment to  be 
made,  etc. 


be  canvassed  and  counted  by  two  election  officers  repre- 
senting the  two  leading  political  parties,  detailed  by  the 
presiding  officer.  Each  election  officer,  in  so  canvassing 
and  counting  votes,  shall  be  under  the  inspection  of  an 
election  officer  of  a  different  political  party.  The  result 
of  the  canvass  and  count  shall  be  reported  to  the  presiding 
officer,  who  shall  cause  it  to  be  correctly  recorded  on  the 
blank  forms  provided  for  the  purpose.  At  state  elections 
in  towns  not  divided  into  voting  precincts,  the  canvass  and 
count  of  votes  shall  be  made  by  the  selectmen  and  town 
clerk,  wrho  may  be  assisted  by  the  tellers. 

The  clerk  in  open  meeting  shall  publicly  announce  the 
result  of  the  vote  and  enter  in  his  records,  in  words  at 
length,  the  total  number  of  names  of  male  and  female 
voters  checked  on  the  voting  lists,  the  total  number  of 
ballots  cast,  the  names  of  all  persons  voted  for,  the  number 
of  votes  for  each  person  and  the  title  of  the  office  for 
which  he  was  a  candidate,  the  number  of  blank  ballots 
for  each  office,  and  the  number  of  affirmative  and  negative 
votes  in  answer  to  any  question  submitted  to  the  voters, 
and  shall  forthwith  make  a  copy  of  such  record,  certify 
and  seal  up  the  same,  and  deliver  it  to  the  city  or  town 
clerk,  in  Boston  to  the  election  commissioners,  who  shall 
forthwith  enter  it  in  his  or  their  records. 

The  voting  lists  and  all  ballots  removed  from  the  ballot 
box  shall  be  kept  in  open  view  of  the  voters  present  until 
enclosed  and  sealed  up,  and  all  proceedings  in  the  can- 
vass and  counting  of  votes  shall  be  public  and  in  open 
view  of  the  voters,  and  there  shall  be  no  adjournment  or 
postponement  until  the  canvass  and  counting  have  been 
completed,  and  the  voting  lists  and  ballots  have  .been 
enclosed  and  sealed  up. 

In  towns,  the  ballot  box  at  any  polling  place  may  be 
opened  and  ballots  taken  therefrom  for  counting  when  all 
the  selectmen  and  the  town  clerk,  or  both  the  moderator 
and  the  town  clerk,  as  the  case  may  be,  or  all  the  election 
officers  at  the  voting  precinct  shall  so  order.  When  the 
ballots  have  been  thus  removed  the  presiding  officer  shall 
select  from  the  election  officers  an  equal  number  from 
each  of  the  two  leading  political  parties,  who  shall  can- 
vass such  ballots,  in  accordance  with  the  provisions  of 
this  section;  but  no  announcement  of  the  result  of  such 
canvass  shall  be  made  by  any  election  officer  until  the 
total  result  of  the  canvass  of  ballots  has  been  ascertained. 


COUNTING   OF   VOTES.  99 

SECTION  271.     If  the  use  of  a  state  ballot  box  is  re-  Certain  ballots 
quired,  no  ballot  shall  be  counted  unless  it  has  been  de-  counted, 
posited  in  and  cancelled  by  such  ballot  box,  or  has  been  R>  L' U|  §  238- 
otherwise  deposited  according  to  the  provisions  of  section 
two  hundred  and  forty-nine ;  and  no  ballot  shall  be  counted 
in    any   election    for   which   official    ballots   are    provided 
except  such  ballots.     If  a  voter  marks  more  names  than 
there  are  persons  to  be  elected  to  an  office,  or  if  his  choice 
cannot  be  determined,  his  ballot  shall  not  be  counted  for 
such  office.     Ballots  cast  but  not  counted  shall  be  marked 
"  defective  "  on  the  outside  thereof,  and  shall  be  preserved 
like  other  ballots. 

SECTION   272.     The  presiding  officer  at  every  polling  Ballots  cast  to 
place  at  elections  of  state  and  city  officers  and  of  town  endorsed,  etc. 
officers  in  towns  in  which  official  ballots  are  used  shall,  R-  L<  llf  §  239< 
after  the  record  of  the  counting  has  been  made,  cause  all 
ballots  cast  to  be  publicly  enclosed  in  an  envelope  and 
sealed  up  with  the  seal  provided  for  the  purpose,  and  also 
with  the  private  seal  of  any  election  officer  who  may  desire 
to  affix  the  same;  and  a  majority  of  the  election  officers 
of  the  voting  precinct  or  town  shall  indorse   upon  such 
envelope  the  polling  place,  the  election  and  the  date,  and 
also  a  certificate  that  all  the  ballots  cast  by  the  voters  of 
such    precinct   or   town,    and   none   other,    are    contained 
therein.     He  shall  cause  all  ballots  not  cast  to  be  enclosed  SS^be* 
in  an  envelope  and  sealed  up  as  aforesaid,  and  shall  certify  seal?d  *}p  »nd 

11  i          '  -j»        «       i  i  certified. 

on  the  envelope  the  contents  thereof.     Such  presiding  offi-  Voting  lists  to 

cer  shall  cause  the  voting  lists  to  be  enclosed  in  an  en- 

velope  and  sealed  up  as  aforesaid,  and  a  majority  of  the 

election  officers   shall   certify  thereon  to   the   identity  of 

the  voting  lists  enclosed.     He  shall  forthwith  personally  Ballots,  vot- 

deliver  to  the  city  or  town  clerk,  or  in  Boston  to  the  elec-  to\e9dSeiievere 

tion  commissioners,  or  transmit  to  him  or  them,  by  the  town*  clerk  or 

police  officer  or  constable  in  attendance  at  the  election,  all 

the  ballots  cast,  and  not  cast,  the  voting  lists,  the  ballot 

box,  ballot  box  seals  and.  counting  apparatus. 

SECTION  273.     Upon  written  application,  signed  by  at 
least  ten  voters  in  the  town  or  ward  of  which  the  precinct  checked  may 

.,  ,      .  be  furnished. 

forms  a  part,  the  city  or  town  clerk,  and  in  Boston  the  R.  L.  11,  §  240. 

election  commissioners,  may  open  the  envelope  containing 

such  voting  list  and  may  make  a  copy  of  the  list  as  checked. 

In  Boston,  such  copies  shall  contain  only  the  name  and 

residence  of  the  voter.     After  any  such  voting  list  has  Voting  lists  to 

i  .     n  •  -i       -i      i  -i.  ..  -1-,-ibe  again 

been  so  copied,  said  clerk  or  election  commissioners  shall  sealed  and 

certified. 


100 


RECORDS   AND    CERTIFICATES   OF   ELECTION. 


Ballots  cast, 
custody,  de- 
struction, etc. 
R.  L.  11,  §§  8, 
241. 
1903,  474,  §  11. 


Voting  lists 
and  ballots 
not  cast, 
custody,  dis- 
position, etc. 


at  once-  enclose  the  list  in  an  envelope  and  seal  up  the  same 
and  certify  thereon  to  the  identity  of  such  lists. 

SECTION  274.  City  and  town  clerks,  in  Boston  the 
election  commissioners,  shall  retain  in  their  custody  the 
envelope  containing  the  ballots  cast,  without  examining 
them  or  permitting  them  to  be  examined  by  any  person 
except  as  required  by  law,  and  upon  the  expiration  of  the 
period  fixed  for  their  preservation  shall  cause  such  ballots 
to  be  destroyed. 

City  and  town  clerks,  in  Boston  the  election  commis- 
sioners, shall  retain  in  their  custody  the  voting  lists  and 
ballots  not  cast  as  long  as  they  retain  the  ballots  cast. 
They  shall  then  transmit  such  voting  lists  to  the  registrars 
of  voters  for  future  reference,  and  shall  destroy  the  ballots 
marked  "  Spoiled  ",  without  examining  them  or  permitting 
them  to  be  examined,  and  may  make  such  disposition  of 
the  undistributed  ballots  as  they  may  deem  proper. 


Record  not  to 
be  rejected 
when  votes 
can  be 
ascertained. 
R.  L.  11,  §  242. 
Examination 
of  precinct 
records,  cor- 
rection, etc. 
R.  L.  11,  §  243. 


Examination 
of  precinct 
records, 
certification  of 
copies,  etc. 


RECORDS  AND  CERTIFICATES  OF  ELECTION. 

SECTION  275.  ~No  record  of  votes  cast  or  copy  thereof 
shall  be  rejected  if  the  number  of  votes  given  for  each 
candidate  for  an  office  can  be  ascertained  therefrom. 

SECTION  276.  The  aldermen  and  city  clerk,  in  Boston 
the  election  commissioners,  and  the  selectmen  and  town 
clerk  in  towns  divided  into  voting  precincts,  shall  forth- 
with after  a  state  or  city  election  examine  the  copies  of 
the  records  of  the  election  officers,  and  if  any  error  ap- 
pears therein,  they  shall  forthwith  give  notice  thereof  to 
the  officers  by  whom  the  error  was  made,  who  shall  forth- 
with make  an  additional  record  under  oath  in  conformity 
with  the  facts  and  deliver  a  copy  thereof  to  the  city  or 
town  clerk  or  election  commissioners.  Such  copy  of  the 
records  made,  with  or  without  notice  as  aforesaid,  shall 
be  received  by  the  city  or  town  clerks  or  election  com- 
missioners at  any  time  before  the  last  day  fixed  for  the 
transmission  of  copies  of  records  of  the  votes  cast  in  the 
city  or  town,  or  on  which  the  results  of  the  election  are 
required  to  be  declared. 

The  aldermen  and  city  clerk,  the  election  commission- 
ers, and  the  selectmen  and  town  clerk,  shall  examine  all 
original  and  all  additional  copies  of  the  records  and  make 
them  part  of  the  records  of  such  election,  and  shall  certify 


RECORDS  AND  CERTIFICATES  OF  ELECTION.       101 

and  attest  copies  of  the  records  of  votes  for  the  several 
candidates. 

SECTION  277.     The  clerk  of  each  city  and  town,  within  Returns  of 
ten  days,  and  in  Boston  the  election  commissioners,  within  tSySoTtHcre~ 
fifteen  days,  after  the  day  of  any  election  therein  for  rep-  wea/th.n~ 
resentative    in    congress,    governor,    lieutenant    governor,  |^4L-  n-  5§  8» 
councillor,  secretary,  treasurer  and  receiver  general,  audi- 
tor of  accounts,  attorney-general,  clerk  of  courts,  register 
of  probate   and  insolvency,   sheriff,   district   attorney,   or 
senator,  or  for  presidential  electors,  shall  transmit  to  the 
secretary  of  the  commonwealth  copies  of  the  records  of 
votes  for  such  officers,  certified  by  the  aldermen  or  the 
selectmen,  or  by  the  election  commissioners,  and  attested 
and  sealed  by  the  clerk  or  by  said  commissioners.     The  Returns  of 
city  or  town  clerk  shall,  within  ten  days  after  an  election  coinSty°com- 
for  county  treasurer  or  register  of  deeds,  transmit  to  the  Jflfk?  of  rs  and 
county  commissioners,  and  within  ten  days  after  an  elec-  courts'  etc- 
tion  therein  for  county  commissioners  or  associate  commis- 
sioners, transmit  to  the  clerk  of  the  courts  the  records  of 
votes  for  such   officers,   certified,    attested   and   sealed   as 
aforesaid  ;  except  that  in  Chelsea,  Revere  and  Winthrop  For  register  of 
the  records  of  votes  for  register  of  deeds  shall  be  trans-  county.  u 


mitted  to  the  election  commissioners  of  Boston,  and  that 

in  Revere  and  Winthrop  the  records  of  votes  for  county 

commissioner  and  associate  commissioners  shall  be  trans-  Winthrop,  etc. 

mitted  to  the  clerk  of  the  courts  for  the  county  of  Middle- 

sex.    Such  copies  shall  be  transmitted  in  envelopes,  upon  TO  be  trans- 

which  shall  be  stated  the  offices  for  which  and  the  districts 

in  which  the  votes  were  cast. 

SECTION   278.      If  any  such   copy  transmitted  to  the  Proceedings 
secretary  of  the  commonwealth  is  not  sealed  as  required  receivedPyis 
by  law,  he  shall  forthwith  give  notice  thereof  to  the  officers  RnSLaln,'§245. 
who  transmitted  the  same;   and  thereupon  another  copy 
shall  be  made,  attested,  certified,  sealed  and  transmitted 
to  the  secretary.     If  the  second  copy  is  received  by  him 
before  determination  of  the  persons  appearing  to  be  elected 
and  the  original  appears  to  be  in  substantial  conformity 
therewith,  the  original  copy  shall  not  be  rejected. 

SECTION  279.     The  secretary  of  the  commonwealth  shall  ^Sip^tT 
cause  the  date  of  the  receipt  of  each  copy  of  the  records  ^e?iad1e-sr 

*          .     •      j  .    i         •      1  i  i  i  ..  .  K.  Li.  11,  §  24b. 

oi  votes  to  be  indorsed  on  the  envelope  containing  it  ;  and 
if  received  unsealed,  a  memorandum  thereof  shall  be  made 
on  the  copy. 


102 


RECORDS   AND    CERTIFICATES   OF   ELECTION. 


Examina- 
tion of  returns 
of  votes. 
R.  L.  11,  §  247. 


Abstract  for 
newspapers. 


Certificate  of 
examination. 
R.  L.  11,  §  248. 


Summons  to 
be  issued. 

Certificates  of 
election  to  be 


Returns,  etc., 
to  be  de- 
livered to 
secretary  of 
the  common- 
wealth. 
To  be  laid 
before  legis- 
lature. 
R.  L.  11,  §  249. 


To  be  filed  in 
office  of 
secretary. 


Presidential 

electors, 

examination 

of  returns 

of  votes. 

R.  L.  11,  §  250. 

Proclamation. 


Certificates  of 
election  to  be 
issued  unless 
contested. 


SECTION  280.  The  secretary  of  the  commonwealth  shall 
lay  before  the  governor  and  council  the  copies  of  the  rec- 
ords of  votes  cast  with  their  seals  unbroken.  The  governor 
with  at  least  five  councillors  shall,  as  soon  as  may  be,  open 
and  examine  all  such  copies  and  determine  who  are  elected 
to  the  several  offices.  Upon  such  determination,  the  sec- 
retary, upon  application,  shall  furnish  to  newspapers  an 
abstract  of  the  records  of  the  votes  examined. 

SECTION  281.  The  governor  shall,  in  the  presence  of  at 
least  five  councillors,  certify  to  the  results  of  the  examina- 
tion of  the  copies  of  the  records  of  the  votes  for  governor 
and  lieutenant  governor,  for  councillors,  for  secretary, 
treasurer  and  receiver  general,  auditor  of  accounts,  and 
attorney-general,  and  for  senators  and  shall  issue  his  sum- 
mons to  such  persons  as  appear  to  be  chosen  to  said  offices. 
The  governor  shall  issue  certificates  of  election  to  such 
persons  as  appear  to  be  chosen  to  the  offices  of  representa- 
tive in  congress,  clerk  of  the  courts,  register  of  probate 
and  insolvency,  sheriff  and  district  attorney,  which  shall 
be  countersigned  and  transmitted  by  the  secretary. 

SECTION  282.  After  such  certification,  such  copies  shall 
be  replaced  in  their  respective  envelopes  and  delivered 
with  the  certificate  of  examination  to  the  secretary,  who 
shall  on  the  first  Wednesday  in  January  lay  the  same, 
with  schedules  showing  the  number  of  ballots  cast  for 
each  person  voted  for,  before  the  senate  and  house  of  repre- 
sentatives. 

Except  for  the  above  purposes,  all  such  copies,  both 
original  and  corrected,  transmitted  to  the  secretary,  shall 
remain  on  file  in  his  office  and  be  there  open  to  the  inspec- 
tion of  any  interested  person. 

SECTION  283.  The  copies  of  the  records  of  votes  for 
presidential  electors  shall,  in  any  event,  within  ten  days 
after  they  have  been  transmitted  to  the  secretary  of  the 
commonwealth  be  opened  and  examined  by  the  governor 
and  council,  who  shall  thereafter  declare,  by  proclamation 
printed  in  at  least  one  newspaper  in  each  county,  the 
names  of  the  persons  who  have  received  at  least  one  fifth 
of  the  entire  number  of  votes  cast  for  electors,  and  the 
number  of  votes  received  by  each  such  person.  The  sev- 
eral persons,  to  the  number  of  electors  required  to  be 
chosen,  who  have  received  the  highest  number  of  votes 
so  ascertained,  unless  notice  of  a  contest  has  been  received 


RECOEDS  AND  CERTIFICATES  OF  ELECTION.       103 

by  the  governor,  shall,  at  the  expiration  of  fourteen  days 
from  the  date  of  such  proclamation,  be  deemed  to  be 
elected;  and  the  governor  shall  thereupon  issue  a  certifi- 
cate of  election  to  every  such  person. 

SECTION  284.     Any  person  who  appears,  by  the  procla-  certain  Per- 
mation  of  the  governor,  to  have  received  not  less  than  one  Jetftkm?or  a 
fifth  of  the  entire  number  of  votes  cast  for  electors,  may,  if  e&ction^etc?* 
the  election  is  contested,  apply  by  petition  to  the  supreme  R- L-  n»  § 251- 
judicial  court  for  the  county  of  Suffolk,  for  a  declaration 
of  his  election  as  an  elector.     Such  petition  shall  set  forth 
the  name  of  every  person  whose  election  is  contested  and 
the  ground  for  the  contest  shall  be  filed  within  seven  days 
after  the  date  of  such  proclamation  and  shall  not  there- 
after be  amended.     Before  any  proceedings  thereon,  the 
petitioner  shall  recognize  to  the  commonwealth,   in  such 
sum  and  with  such  sureties  as  the  court  shall  order,  to 
pay  all  costs  incurred  in  the  prosecution  of  his  petition  if 
he  shall  not  prevail.     If  the  petitioner  prevails,  the  costs 
shall  be  paid  by  the  commonwealth.     The  court  shall  fix  Day  to  be 
a  day  for  a  hearing  by  the  full  court,  which  shall  be  not  irj,  no°tice?ar 
less  than  three  nor  more  than  seven  days  after  the  date  etc* 
of  the  filing  of  the  petition,  and  shall  order  notice  of  the 
hearing  to  be  given,  with  a  statement  of  the  substance  of 
the  petition  in  such  manner  as  it  may  direct,  to  the  gov- 
ernor and  to  every  person  whose  election  is  contested.    The 
court  shall  also  order  such  notice  to  be  published  in  at 
least  one  newspaper  designated  by  it  in  each  county. 

SECTION  285.     The  petitioner  and  the  contestant  may  Petitioner  and 
appear  and  produce  evidence  at  the  hearing,  and  no  person  ma^S^ear 
other  than  the  petitioner  or  a  contestant  shall  be  made  a  Jvidenci?UeSj 
party  to  the  proceedings   on   such   petition,   or  be  heard  R- L-  n«  § 252- 
thereon.      If  more  than  one  petition  is  pending,   or  the 
election  of  more  than  one  person  is  contested,  the  court 
may,  in  its  discretion,  order  the  cases  to  be  heard  together 
and   shall   apportion  the   costs   between   them,    and   shall 
finally  determine  all  questions  of  law  and  fact.     No  person  Witnesses  not 

i     n    i  n     /.  -  -    .  T  to  be  excused. 

shall  be  excused  from  testitymg  or  producing  papers  or 
documents  therein  on  the  ground  that  his  testimony  or  the 
production  of  the  papers  or  documents  will  tend  to  crim- 
inate him;  but  no  person  so  testifying  shall  be  liable  to  Not  liable  to 

.  \  .    .  .      .       ,      ,,  prosecution, 

any  suit  or  prosecution,  civil  or  criminal,  for  any  matter  etc. 
or  cause  in  respect  to  which  he  shall  be  so  examined  or  to 
which  his  testimony  shall  relate,  except  to  a  prosecution 


104 


EECOEDS   AND    CERTIFICATES   OF   ELECTION. 


Court  to 
certify  its 
decision  to 
governor,  etc. 


County  com- 
missioners to 
examine  cer- 
tain returns  of 
votes,  etc. 
R.  L.  11,  §  253. 


Notice  to 
secretary  of 
the  common- 
wealth, etc. 

Returns  of 
votes  for 
register  of 
deeds,  Suffolk 
county. 


Board  of  ex- 
aminers to 
examine  in 
certain  coun- 
ties, etc. 
R.  L.  11,  §  254. 


Notice  to 
secretary  of 
the  common- 
wealth, etc. 


When  incom- 
plete, etc., 
new  returns 
to  be  made, 
etc. 

R.  L.  11,  §§  8, 
255. 


for  perjury  committed  in  such  testimony.  The  court  shall 
forthwith  certify  its  decision  to  the  governor,  who  shall 
thereupon  issue  certificates  of  election  in  accordance  there- 
with. If  the  petitioner  does  not  prosecute  his  petition  it 
shall  be  dismissed  and  notice  thereof  given  to  the  governor, 
who  shall  issue  certificates  of  election  to  the  persons  en- 
titled thereto. 

SECTION  286.  The  county  commissioners  to  whom  the 
copies  of  the  records  of  votes  for  county  treasurer  and 
register  of  deeds  have  been  transmitted  shall,  on  the  first 
Wednesday  of  the  month  following  the  election,  examine 
such  copies,  determine  what  persons  appear  to  be  elected, 
issue  certificates  of  election  to  them  and  give  notice  to  the 
secretary  of  the  commonwealth  of  the  name,  residence  and 
term  of  office  of  every  person  elected. 

In  the  county  of  Suffolk,  the  election  commissioners  of 
Boston  shall,  within  ten  days  after  the  election  of  register 
of  deeds,  in  like  manner  examine  the  copies  of  the  records 
of  votes,  determine  who  appears  to  be  elected,  issue  a 
certificate  and  give  notice  as  above  provided. 

SECTION  287.  In  each  county  except  Suffolk  and  Nan- 
tucket,  the  judge  and  register  of  the  probate  court  and  the 
clerk  of  the  courts  shall  be  a  board  of  examiners;  and  if 
two  of  said  offices  are  held  by  the  same  person  in  any 
county,  the  sheriff  shall  be  a  member  of  the  board.  The 
members  of  said  board  shall  each  be  paid  at  the  rate  of 
three  dollars  a  day  for  every  day  employed  in  the  per- 
formance of  their  duties  and  ten  cents  a  mile  for  travel 
to  and  from  the  place  of  their  meeting ;  and  their  accounts 
shall  be  audited  and  settled  by  the  county  treasurer.  Said 
board  shall  meet  on  the  first  Wednesday  of  the  month  fol- 
lowing an  election  for  county  commissioner  or  associate 
commissioners  and  shall  examine  such  copies,  determine 
what  persons  appear  to  be  elected,  issue  certificates  of 
election  to  them  and  give  notice  to  the  secretary  of  the 
commonwealth  of  the  name,  residence  and  term  of  office 
of  every  person  so  elected,  and  shall,  within  three  days 
thereafter  deposit  said  copies  in  the  office  of  the  clerk  of 
the  courts. 

SECTION  288.  If  it  shall  appear  to  the  governor  and 
council,  to  the  board  of  examiners,  to  the  election  commis- 
sioners or  to  the  county  commissioners,  that  any  such 
copy  is  incomplete  or  erroneous,  they  may  order  a  new 


RECORDS  AND  CERTIFICATES  OF  ELECTION.       105 

copy  of  the  records  to  be  made  and  transmitted  to  them. 
Such  new  copy  shall  be  transmitted  by  the  city  or  town 
clerk,  in  Boston  by  the  election  commissioners,  within 
seven  days  thereafter,  and  if  found  to  be  correct  and  in 
conformity  to  the  requirements  of  law,  shall  have  the  same 
force  as  a  first  copy. 

SECTION  289.     If  a  district  for  the  election  of  repre-  Representa- 
sentatives  in  the  general  court  is  composed  of  one  city  or  one  city  or  ' 
town,  or  one  or  more  wards  of  a  city,  the  board  of  alder-  Summation, 
men  or  the  selectmen,  in  Boston  the  election  commission-  R^h,  §§  g, 
ers,  shall  forthwith  examine  the  records  of  the  votes  and  256- 
determine  who  appear  to  be  elected.     The  city  or  town 
clerk  or  election  commissioners  shall  record  the  names  of 
all  persons  for  whom  votes  for  representative  were  cast, 
and  the  number  of  votes  for  each. 

SECTION    290.      In   other    representative    districts,    the  in  other  dis- 
election  officers  in  every  voting  precinct,  and  the  select- 


men  and  town  clerk  of  each  town  therein  not  divided  into  CietyVoretown 
voting  precincts,  shall,  as  soon  as  the  vote  for  representa-  Rlef;11)  §257. 
tives  has  been  recorded,   cause  a  complete  copy  of  such 
record  to  be  made,  and  shall  certify,  seal  and  deliver  it 
to  the  city  or  town  clerk. 

The  city  and  town  clerks  in  such  districts  shall  meet 
at  the  place  designated  at  noon  on  the  tenth  day  following 
the  day  of  the  election;  but  on  the  fourth  day  following 
the  day  of  an  election  to  fill  a  vacancy.  They  shall  ex- 
amine the  copies  of  the  records  of  votes  of  every  such 
voting  precinct  and  town,  and  determine  who  appear  to 
be  elected  to  the  office  of  representative.  They  shall,  in 
words  at  length,  make  and  certify  a  schedule  of  the  names 
of  all  persons  for  whom  votes  for  representative  were  cast 
in  the  district  and  the  number  of  votes  for  each,  and  the 
clerk  of  each  city  and  town  shall  record  such  schedule 
within  four  days  after  the  day  of  the  meeting. 

SECTION  291.     If  a  representative  district  is  included 
within  the  provisions  of  the  preceding  section,  the  officers  ^|^ng  of 
authorized  to  divide  the  county  into  representative   dis-  R.  L.  11,  §  258. 
tricts  shall,  in  making  such  division,  designate  a  place  in 
each  such  district  or  adjacent  thereto  at  which  the  clerks 
shall  meet  to  determine  the  result  of  the  election.     Such  Place  may  be 
place  of  meeting  may  be  changed  on  petition  of  two  of 
such  clerks   after  a  hearing;   but  not  oftener  than  once 
in  two  years.     Notice  of  such  designation  and  of  every  Notice  to  be 


106 


RECORDS   AND    CERTIFICATES   OF   ELECTION. 


Correction  of 
errors  in 
records  of 
votes  for  rep- 
resentatives. 
R.  L.  11,  §  259. 


Certificates 

of  election  to 

be  made  in 

duplicate. 

R.  L.  11,  §§8, 

260. 


Transmission. 


Form  of 
certificate. 


Officer  trans- 
mitting to 
make  return, 
etc. 


Returns  of 
votes  to  sec- 
retary of  the 
common- 
wealth. 
R.  L.  11,  §§  8, 
261. 


Whole  num- 
ber of  ballots 
to  be  stated 


change  thereof  shall  be  given  by  the  said  officers  having 
such  authority  to  the  secretary  of  the  commonwealth,  and 
to  every  city  and  town  clerk  in  the  district. 

SECTION  292.  If  an  error  appears  in  the  copies  of  the 
records  of  votes  for  a  representative,  the  city  and  town 
clerks  shall  forthwith  give  notice  thereof  to  the  election 
officers,  who  shall  thereupon  make  an  additional  record 
under  oath  and  transmit  a  copy  thereof  to  said  clerks. 
Such  additional  copy  shall  be  examined  by  them  if  re- 
ceived within  two  days  from  the  time  appointed  for  their 
meeting;  and  for  such  purpose  their  meeting  may  be 
adjourned  for  not  more  than  two  days. 

SECTION  293.  The  board  of  aldermen,  the  election 
commissioners,  the  selectmen,  or  the  city  or  town  clerks 
acting  in  a  representative  district  shall  make  duplicate 
certificates  of  election  of  the  persons  appearing  to  be 
elected  and  shall,  within  fifteen  days  after  the  day  of  the 
election,  transmit  one  certificate  to  the  secretary  of  the 
commonwealth,  and  shall  transmit  the  other  certificate, 
by  a  constable  or  other  officer,  to  the  person  elected.  Such 
certificates  of  election  shall  be  in  the  following  form :  — 

Commonwealth  of  Massachusetts,  county  of  .  At 

a  meeting  of  the  qualified  voters  of  Representative  District  Num- 
ber ,  held  on  the  day  of  November  instant, 
for  the  choice  of  Representatives  in  the  General  Court  to  be 
holden  on  the  first  Wednesday  of  January  next  ,  were 
elected  to  said  office. 

Dated  at  the  day  of  in  the 

year  one  thousand  nine  hundred  and 

Sections  one  to  four,  inclusive,  of  chapter  three,  Re- 
vised Laws,  this  section  and  section  three  hundred  and  five 
of  this  chapter  shall  be  printed  on  every  such  form.  The 
officer  transmitting  the  certificate  shall  make  a  return  of 
his  doings. 

SECTION  294.  City  and  town  clerks,  in  Boston  the 
election  commissioners,  shall,  within  fifteen  days  after 
an  election  for  representative  in  the  general  court,  trans- 
mit to  the  secretary  of  the  commonwealth  an  attested  copy 
of  the  record  of  votes  cast  for  all  candidates  for  said  office 
in  each  voting  precinct  and  in  each  town  not  divided  into 
voting  precincts. 

SECTION  295.  The  whole  number  of  ballots  cast  at 
elections  shall  be  stated  in  words  at  length  in  the  records 


KECOUNTS   OF   VOTES.  107 

of  votes  and  in  all  copies  thereof,  but  if  not  so  stated,  the  in  words  at 
record  or  copy  shall  not  be  invalid  if  the  true  result  can  Rnl.  ii,  §'262. 
be  ascertained  therefrom. 

SECTION  296.    A  violation  by  a  public  officer  or  election  Violation  of 
officer  of  laws   relative  to  providing  ballot  boxes,   blank  ??sions  not  to 
forms  and  other  apparatus  or  to  the  care  and  preservation  RffeL?n^c§§  s, 
thereof,   or   to   the   manner    of   canvassing   and   counting  263- 
votes,  shall  not  invalidate  any  record  or  copy  of  a  record 
or  certificate  made  by  a  city,  precinct  or  town  clerk,  or 
in  Boston  the  election  commissioners,  or  affect  the  title  of 
a  person  declared  to  be  elected  to  office. 

SECTION  297.     The  city  or  town  clerk,  in  Boston  the  Number  of 

-i,«  •«  in  •  .,  i  •         nc,  ^  c,         names  checked 

election   commissioners,    shall,    within   niteen   days    alter  to  be  certified 


an  election  of  state,  city  or  town  officers,  certify  to  the 
secretary  of  the  commonwealth  the  total  number  of  names  ReaLthii,  §§  g, 
of  male  and  of  female  voters  checked  on  the  voting  list  at  264- 
such  election  in  each  voting  precinct  or  town. 

SECTION  298.  The  secretary  of  the  commonwealth  shall, 
before  the  first  day  of  February,  report  to  the  general 
court  the  number  of  assessed  polls,  the  number  of  reg-  RotLrsiiet§'265 
istered  male  and  female  voters  at  the  date  of  the  preceding 
annual  state  election  and  city  or  to\vn  election,  and  the 
total  number  of  persons,  male  and  female,  who  voted  at 
each  such  election  in  every  city  and  town,  and  in  every 
voting  precinct  therein,  and  the  number  of  votes  received 
by  each  candidate  for  a  state  office,  arranged  by  cities, 
towns  and  districts,  and  a  concise  statement  of  other  mat- 
ters relating  to  elections,  with  such  suggestions  as  he  may 
deem  advisable. 

RECOUNTS    OF   VOTES. 

SECTION  299.     If  a  person  who  has  received  votes  for  Contested 

—  .    ^  .   ,  .          ,   .  ,  ,  election,  bal- 

any  omce  at  an  election  shall,  within  thirty  days  there-  lots  to  be 

rZ          T  •  T  /.  T         n   .  •>  retained. 

after,  hirnseli  or  by  his  agent  serve  upon  a  city  or  town  R.  L.  11,  §§8, 

clerk,    in   Boston   the    election   commissioners,    a   written  266' 

claim  to  such  office  or  a  declaration  of  an  intention  to 

contest  the  election  of  any  other  person,  the  clerk  or  com- 

missioners shall  retain  the  envelopes  containing  the  ballots 

for  such  office  until  such  claim  is  withdrawn  or  the  con- 

test is  determined.     The  envelopes  and  ballots  shall  be 

subject   to   the  order  of  the  body  to  which  such  person 

claims  to  be  elected,   or   of  the  officers  required  by  law 

finally  to  examine  the  records  and  to  issue  certificates  of 

election  to  such  office,  or  of  any  court  having  jurisdiction 


108 


RECOUNTS    OF   VOTES. 


Recount  of 
ballots,  etc. 


Errors  in 
records  of 
election 
officers,  state- 
ment, etc. 
R.  L.  11,  §  267. 

1903,  474,  §  12. 

1904,  2^3,  §  1. 
1906.  444, §  11. 


Statement, 
etc.,  to  be 
transmitted  to 
registrars  of 
voters. 

Determination 
of  questions 
raised. 

Recount  of 
votes  in  cer- 
tain towns  to 
be  made  by 
moderator. 


Candidates 
and  persons 
representing 
petitioners  to 
be  notified. 


Persons  who 
may  be  present 
and  witness 
recount. 


thereof.  Such  body  or  officers  may  require  the  clerk  or 
commissioners  to  produce  such  envelopes  and  ballots,  and 
may  recount  the  ballots  and  amend  any  record  or  copy 
thereof  in  relation  to  such  office. 

SECTION  300.  If,  on  or  before  five  o'clock  on  the  third 
day  next  succeeding  the  day  of  an  election  in  a  ward  of  a 
city  or  in  a  town,  ten  or  more  voters  of  such  ward  or  town, 
except  Boston,  and  in  Boston  fifty  or  more  voters  of  a 
ward,  shall  sign  in  person,  adding  thereto  their  respective 
residences  on  the  first  day  of  May  of  that  year,  and  cause 
to  be  filed  with  the  city  or  town  clerk,  or  in  Boston  with 
the  election  commissioners,  a  statement  sworn  to  by  one 
of  the  subscribers  that  they  have  reason  to  believe  and  do 
believe  that  the  records,  or  copies  of  records,  made  by  the 
election  officers  of  certain  precincts  in  such  ward  or  town, 
or  in  case  of  a  town  not  voting  by  precincts,  by  the 
election  officers  of  such  town,  are  erroneous,  specifying 
wherein  they  deem  them  to  be  in  error  and  that  they  be- 
lieve a  recount  of  the  ballots  cast  in  such  precincts  or  town 
will  affect  the  election,  of  one  or  more  candidates  voted  for 
at  such  election,  specifying  the  candidates,  or  will  affect 
the  decision  of  a  question  voted  upon  at  such  election, 
specifying  the  question,  the  city  or  town  clerk  shall  forth- 
with transmit  such  statement  and  the  envelopes  contain- 
ing the  ballots,  sealed,  to  the  registrars  of  voters,  who 
shall,  without  unnecessary  delay,  open  the  envelopes,  re- 
count the  ballots  and  determine  the  questions  raised ;  but 
upon  a  recount  of  votes  for  town  officers  in  a  town  in 
which  the  selectmen  are  members  of  the  board  of  regis- 
trars of  voters,  the  recount  shall  be  made  by  the  moderator, 
who  shall  have  all  the  powers  and  perform  all  the  duties 
conferred  or  imposed  by  this  section  upon  registrars  of 
voters. 

The  registrars  of  voters,  or  in  Boston  the  election  com- 
missioners, shall,  before  proceeding  to  recount  the  ballots, 
give  notice  in  writing  to  the  several  candidates  interested 
in  such  recount  and  liable  to  be  affected  thereby,  or  to 
such  person  as  shall  be  designated  by  the  petitioners  for 
a  recount  of  ballots  cast  upon  questions  submitted  to  the 
voters,  of  the  time  and  place  of  making  the  recount,  and 
each  such  candidate  or  person  representing  petitioners 
shall  be  allowed  to  be  present  and  witness  such  recount, 
either  in  person,  accompanied  with  counsel  if  he  so  de- 


KECOUNTS    OF   VOTES.  109 

sires,  or  by  an  agent  appointed  by  him  in  writing.  In  the 
case  of  a  recount  of  the  ballots  cast  upon  a  question  sub- 
mitted to  the  voters,  one  representative  from  any  com- 
mittee organized  to  favor  or  to  oppose  the  question  so 
submitted  shall  be  permitted  to  be  present  and  witness 
the  recount.  In  the  city  of  Boston,  the  chairman  of  the  in  Boston, 
city  committee  representing  the  largest  political  party 
and  the  chairman  of  the  city  committee  representing  the 
second  largest  political  party  may  in  writing  designate  two 
persons,  or  such  further  number  as  the  election  commis- 
sioners may  allow,  to  be  present  and  witness  the  count, 
and  said  election  commissioners  shall  allow  each  candidate 
whose  election  is  in  question,  or  his  representative,  to  be 
present  and  may  allow  representatives  of  other  political 
parties  and  other  persons  to  be  present  and  witness  the 
recount. 

All  recounts  shall  be  upon  the  questions  designated  in  Recounts  to 
the  statements  filed,  and  no  other  count  shall  be  made,  or  tionsPdesii"es 
allowed  to  be  made,  or  other  information  taken,  or  allowed 
to  be  taken,  from  the  ballots  on  such  recount. 

The  registrars  of  voters  or  election  commissioners  shall, 
when  the  recount  is  complete,  enclose  all  the  ballots  in  indorsed,  etc. 
their  proper   envelopes,    seal   each   envelope  with    a   seal 
provided  for  the  purpose,  and  certify  upon  each  envelope 
that  the  same  has  been  opened  and  again  sealed  in  con- 
formity to  law;  and  shall  likewise  make  and  sign  a  state- 
ment of  their  determination  of  the  questions  raised.     The  Except  in 
envelopes,  with  such  statement,  shall,  except  in  Boston,  returned  to 
be  returned  to  the  city  or  town  clerk,  and  the  clerk  or  derk°etc.wn 
commissioners  shall  alter  and  amend  such  records  as  have 
been  found  to  be  erroneous  in  accordance  with  such  de- 
termination ;  and  the  records  so  amended  shall  stand  as  the 
true  records  of  the  election.      Such   amended  records  of  ^™?fe*  certi- 
votes  cast  at  a  state  election  shall  be  made  and  transmitted 
as  required  by  law  in  the  case  of  copies  of  original  records. 
If,  in  case  of  a  recount  of  votes  for  town  officers,  it  shall 
appear  that  a  person  was  elected  other  than  the  person 
declared  to  have  been  elected,  the  registrars  of  voters  shall 
forthwith  make  and  sign  a  certificate  of  such  fact,  stating 
therein  the  number  of  votes  cast,  as  determined  by  the 
recount,  for  each  candidate  for  the  office  the  election  to 
which  is  disputed,  and  shall  file  the  same  with  the  town 
clerk.      The   town  clerk  shall  record  the  certificate   and 


110 


FAILURES  TO  ELECT,  ETC.,  IN  STATE   OFFICES. 


Clerical 
assistance. 


No  informa- 
tion to  be 
given  regard- 
ing challenged 
votes. 

R.  L.  11,  §  268. 
Result  of 
elections  in 
cities  not  to 
be  declared 
until  certain 
time,  etc. 
R.  L.  11,  §§  8, 
269. 


Persons  elected 
not  to  act 
until  certifi- 
cates are 
issued. 


shall,  within  twenty-four  hours  after  such  filing,  cause  a 
copy  of  such  certificate,  attested  by  him,  to  be  delivered 
to  or  left  at  the  residence  of  the  person  so  declared  to 
have  been  elected,  and  to  the  person  who  by  such  certificate 
appears  to  be  elected. 

Registrars  of  voters  may  employ  such  clerical  assistance 
as  they  may  deem  necessary  to  enable  them  to  carry  out 
the  provisions  of  this  section. 

SECTION  301.  ~No  officer  recounting  ballots  shall,  ex- 
cept as  required  by  law,  make  any  statement  or  give  any 
information  relative  to  a  ballot  cast  by  a  challenged  voter. 

SECTION  302.  The  board  of  aldermen,  or  in  Boston 
the  election  commissioners,  shall  not  declare  the  result  of 
an  election  for  state  or  city  officers  or  of  a  vote  upon  any 
question  submitted  to  the  voters  until  the  time  for  filing 
a  petition  for  a  recount  of  ballots  has  expired,  or,  if  such 
petition  has  been  filed,  until  the  ballots  have  been  re- 
counted and  the  returns  amended,  notwithstanding  any 
special  act  relating  to  such  city.  After  the  ballots  have 
been  recounted  and  the  records  amended,  said  board  or 
commissioners  shall  forthwith  declare  the  result  of  the 
election,  and  the  city  clerk  or  election  commissioners  shall 
thereupon  issue  certificates  of  their  election  to  the  persons 
elected.  ~No  person  elected  to  a  city  office  shall  act  in 
an  official  capacity  by  virtue  of  such  election  before  such 
certificate  has  been  issued. 


PART  4. 

PROCEEDINGS  IN   CASES  OF  FAILURE  TO  ELECT,  AND  VACAN- 
CIES IN  STATE  OFFICES. 

SECTION  303.     If,  upon  examination  of  the  copies  of 
eiectl*0          ^e  records  °f  votes  for  presidential  electors,  it  appears 
majority.         that  a  majority  of  the  whole  number  of  electors  has  not 
been  chosen,  the  governor  shall  forthwith,  by  proclama- 
tion, call  together  the  general  court;  and  the  senators  and 
representatives  assembled  in  joint  convention  shall  by  bal- 
lot choose  electors  to  complete  the  full  number. 

If  the  whole  number  of  electors  has  not  been  chosen 


Vacancy  or 
absence  at 
time  of 
meeting. 


when  the  electors  meet  on  the  second  Monday  in  January, 
or  if  an  elector  has  died  or  is  then  absent,  the  electors 
present  shall  forthwith  choose  electors  from  the  citizens  of 
the  commonwealth  to  complete  the  full  number. 


FAILURES   TO  ELECT,  ETC.,  IN  STATE  OFFICES.  HI 

SECTION  304.     Upon  a  failure  to  choose  a  representa-  Representa- 
tive in  congress  or  upon  a  vacancy  in  said  office,  the  gov-  greLinfai°iure 
ernor  shall  cause  precepts  to  be  issued  to  the  aldermen  in  tacanCcy°r 
every  city  and  the  selectmen  in  every  town  in  the  district,  R- L- n>  $ 275- 
directing  them  to  call  meetings  of  the  voters  on  the  day 
appointed  therein  for  the  election  of  such  representative. 

SECTION  305.    Upon  a  failure  to  choose  a  representative  Representa- 

-,  T  -,  ,  -,         .  .  .  r>      tive  in  general 

in  the  general  court  at  the  annual  state  election,  a  certin-  court,  failure 
cate  thereof  shall  be  transmitted  forthwith  to  the  secretary  R.L.  n.127* 
of  the  commonwealth  by  the  officers  required  to  transmit 
certificates   of   election,    and   another   election  to  fill   the 
vacancy  for  such  representative  shall  be  held  on  the  fourth 
Monday  of  the  same  month  of  November. 

Upon  a  vacancy  in  the  office  of  representative  in  the  Vacancy, 
general  court  or  upon  the  failure  to  elect  on  the  fourth 
Monday  of  November,  the  speaker  of  the  house  of  repre- 
sentatives shall  issue  precepts  to  the  board  of  aldermen 
of  each  city  and  the  selectmen  of  each  town  comprising 
the  district  or  any  part  thereof,  appointing  such  time  as 
the  house  of  representatives  may  order  for  an  election  to 
fill  such  vacancy.  Upon  the  receipt  of  such  precepts,  the 
aldermen  or  the  selectmen  shall  call  meetings  of  the  quali- 
fied voters  in  the  district,  which  shall  be  held  in  accord- 
ance with  the  precepts. 

SECTION  306.    Upon  a  failure  to  choose  a  district  attor-  Districtjit- 
ney,  clerk  of  the  courts,  register  of  probate  and  insolvency  county  officer*, 
or  sheriff,  the  governor  shall  cause  precepts  to  be  issued  to  eiecT^  i 
the  proper  officers,  directing  them  to  call  meetings  of  the  R- L- n-  §  277- 
voters  on  the  day  appointed  therein,  for  the  election  of 
such  officer. 

Upon  a  vacancy  by  removal  or  otherwise  in  any  of  the  Vacancy, 
above  named  offices,  he  shall  in  like  manner  cause  pre- 
cepts to  be  issued  for  an  election  to  fill  such  vacancy  at 
the  next  annual  state  election  for  which  precepts  can  be 
seasonably  issued. 

Upon  a  vacancy  in  the  office  of  district  attorney,  reg-  Vacancy,  ap- 
ister  of  probate  and  insolvency  or  sheriff,  the  governor 
with  the  advice  and  consent  of  the  council  may  appoint 
some  person  thereto  until  a  district  attorney,  register  of 
probate  and  insolvency  or  sheriff  is  elected  and  qualified. 
Upon  a  vacancy  in  the  office  of  clerk  of  the  courts  in  any 
county,  or  of  the  clerk  of  the  supreme  judicial  court  in 
the  county  of  Suffolk,  the  justices  of  said  court  may  ap- 


112 


FAILURES  TO  ELECT,  ETC.,  IN  STATE  OFFICES. 


Vacancy,  clerk 
of  superior 
court,  Suffolk 
county. 

County  treas- 
urer, register 
of  deeds, 
failure  to  elect. 
R.  L.  11,  §  278. 


Vacancy. 


Register  of 
deeds,  Suffolk 
county,  failure 
to  elect, 
vacancy. 


Register  of 
deeds,  Nan- 
tucket  county, 
failure  to  elect, 
vacancy. 


County  or 
associate  com- 
missioner, 
failure  to  elect. 
R.  L.  11,  §  279. 
1902,  544,  §  2. 


point  a  clerk  who  shall  hold  the  office  until  a  clerk  is 
elected  and  qualified. 

Upon  a  vacancy  in  the  office  of  a  clerk  of  the  superior 
court  in  the  county  of  Suffolk,  the  justices  of  said  court 
may  appoint  a  clerk. 

SECTION  307.  Upon  a  failure  to  choose  a  county  treas- 
urer or  a  register  of  deeds  for  a  county  or  district,  except 
the  counties  of  Suffolk  and  Nantucket,  the  county  com- 
missioners shall  forthwith  issue  precepts  to  the  board  of 
aldermen  of  each  city  and  the  selectmen  of  each  town  in 
such  county  or  district,  directing  them  to  call  meetings 
of  the  voters  for  the  election  of  such  officer  on  a  day  ap- 
pointed therein. 

Upon  a  vacancy  by  removal  or  otherwise  in  the  office 
of  county  treasurer  or  of  register  of  deeds  in  a  county  or 
district,  except  the  counties  of  Suffolk  and  Nantucket,  the 
county  commissioners  shall  in  like  manner  issue  precepts 
for  an  election  to  fill  such  vacancy  at  the  next  annual  state 
election  for  which  precepts  can  be  seasonably  issued,  and 
may  appoint  some  person  to  fill  such  office  until  a  person 
is  elected  thereto  and  qualified. 

Upon  a  failure  to  choose  a  register  of  deeds  in  the 
county  of  Suffolk,  or  upon  a  vacancy  in  that  office,  the 
board  of  aldermen  of  the  city  of  Boston  shall  call  meetings 
to  elect  a  register  of  deeds  or  to  fill  such  vacancy,  as  is 
above  provided  for  an  election  in  other  counties ;  and,  upon 
a  vacancy  in  that  office  in  said  county  of  Suffolk,  the 
superior  court  shall  appoint  some  person  to  the  office  until 
a  person  is  elected  thereto  and  qualified. 

Upon  a  failure  to  choose  a  register  of  deeds  in  the 
county  of  Nantucket,  or  upon  a  vacancy  in  that  office,  the 
selectmen  of  the  town  of  Nantucket  shall  call  a  meeting 
to  elect  a  register  of  deeds  as  is  above  provided  for  an 
election  in  other  counties,  and  may  appoint  some  person 
to  the  office  until  a  person  is  elected  thereto  and  quali- 
fied. 

SECTION  308.  Upon  a  failure  to  choose  a  county 
commissioner  or  associate  commissioner,  the  board  of  ex- 
aminers shall  forthwith  issue  precepts  to  the  board  of 
aldermen  of  each  city  and  to  the  selectmen  of  each  town 
in  such  county,  directing  them  to  call  meetings  of  the 
voters  to  elect  such  officer  on  a  day  appointed  therein. 
In  the  county  of  Middlesex,  such  precept  shall  also  be 


PROCEEDINGS   OF   PRESIDENTIAL   ELECTORS.  113 

issued  to  the  selectmen  of  the  towns  of  Revere  and  Win- 
throp. 

Upon  a  vacancy  by  removal  or  otherwise  in  the  office  Vacancy, 
of   county   commissioner   or   associate   commissioner,    the  el 
board  of  examiners  shall  in  like  manner  issue  precepts 
for  an  election  to  fill  such  vacancy  at  the  next  annual 
state  election  for  which  precepts  can  be  seasonably  issued, 
except  that  no  such  election  shall  be  held  unless  the  term 
of  office  of  the  commissioner   whose  office  is  so  vacant 
extends  beyond  the  first  Wednesday  of  January  next  suc- 
ceeding the  day  of  such  election. 

Upon  a  vacancy  in  said  offices,  the  county  commission-  vacancy, 
ers  or  the  two  remaining  county  commissioners,  as  the  case  app011 
may  be,  and  the  clerk  of  the  courts  for  the  county,  or  a 
majority  of  them,  may  appoint  some  person  to  fill  such 
office  until  a  person  is  elected  thereto  and  qualified. 

SECTION  309.     If  there  is  a  vacancy  in  the  office  of  JJme^or*" 
district  attorney,  clerk  of  the  courts,  register  of  probate  county  officers, 
and  insolvency,  sheriff,  county  treasurer,  register  of  deeds,  RaCLnii,'  §  280. 
county  commissioner  or  associate  commissioner,  the  term 
of  which  expires  on  the  first  Wednesday  of  January  fol- 
lowing the  next  annual  state  election  for  which  precepts 
can  be  seasonably  issued,  no  precepts  shall  be  issued  or 
election  held  to  fill  such  vacancy. 

SECTION  310.    The  county  commissioners  in  each  county  Secretary  of 
shall  forthwith  notify  the  secretary  of  the  commonwealth  S^amTtc^be" 
of  any  vacancy  in  the  office  of  county  treasurer  or  of  reg-  R0tLfieidi,  §  28 1. 
ister  of  deeds ;  and  the  board  of  examiners  shall  give  like 
notice  to  the  secretary  of  any  vacancy  in  the  office  of 
county  commissioner  or   associate  commissioner,    and   in  Copy  of  Pre- 
each  case  they  shall  send  to  him  a  copy  of  the  precepts  slcretarV. 
issued  by  them  for  an  election. 

SECTION  311.     At  elections  held  because  of  a  failure  to  Elections  to 

_  n-,-,  •  i  -i«  iTiii  n"  vacancies, 

elect  or  to  nil  vacancies,  the  proceedings  snail  be  the  same,  proceedings, 
so  far  as  applicable,  as  in  elections  to  the  same  office  at  the 
annual  state  election. 


PROCEEDINGS  OF  PRESIDENTIAL  ELECTORS. 

SECTION  312.     The  persons  chosen  as  presidential  elec-  Presidential 
tors  shall  meet  at  the  state  house  on  the  Saturday  pre- 
ceding  the  second  Monday  in  January  succeeding  their  R 
election  at  three  o'clock  in  the  afternoon  and  organize  by 


114 


CORRUPT   PRACTICES. 


Proceedings. 


Journal  to  be 
kept,  etc. 


Compensation. 
R.  L.  11,  §  284. 


the  choice  of  a  presiding  officer  and  secretary.  The  secre- 
tary of  the  commonwealth  shall  call  the  meeting  to  order, 
call  the  roll  of  electors,  and  preside  until  a  presiding  officer 
shall  be  chosen. 

If,  on  the  second  Monday  in  January,  the  whole  number 
of  electors  has  not  been  chosen,  or  if  any  electors  have  died 
or  are  then  absent,  the  electors  present  shall  forthwith 
choose  electors  from  the  citizens  of  this  commonwealth  to 
complete  the  full  number.  They  shall  thereupon  vote  by 
ballot  for  president  and  vice  president  of  the  United  States, 
one  of  whom  at  least  shall  not  be  an  inhabitant  of  this 
commonwealth.  They  shall  name  in  their  ballots  the  per- 
son voted  for  as  president,  and  in  distinct  ballots,  the  per- 
son voted  for  as  vice  president.  They  shall  make  distinct 
lists  of  all  persons  voted  for  as  president  and  of  all  persons 
voted  for  as  vice  president  and  of  the  number  of  votes 
for  each,  and  shall  sign,  certify  and  transmit  such  lists, 
sealed,  to  the  seat  of  government  of  the  United  States, 
directed  to  the  president  of  the  senate ;  and  they  shall  in 
all  respects  proceed  conformably  to  the  constitution  and 
laws  of  the  United  States.  The  secretary  of  the  electoral 
college  shall  keep  a  journal  of  its  proceedings  and  deposit 
the  same  in  the  office  of  the  secretary  of  the  commonwealth, 
where  it  shall  be  recorded  and  filed. 

SECTION  313.  Each  elector  shall  receive,  from  the  com- 
monwealth three  dollars  for  each  day  of  attendance,  and 
one  dollar  for  every  five  miles  of  travel  from  his  residence 
to  the  place  of  meeting. 


Term  "politi- 
cal commit- 
tee" defined. 
R.  L.  11,  §  285, 
1904,  380,  §  1. 


Candidate  not 
to  promise 
appointments 
to  aid  his 
nomination  or 
election,  etc. 
R.  L.  11,  §  286 


CORRUPT    PRACTICES. 

SECTION  314.  The  term  "  political  committee  ",  under 
the  provisions  of  this  chapter  relative  to  corrupt  practices, 
shall  apply  to  every  committee  or  combination  of  three 
or  more  persons  who  shall  aid  or  promote  the  success  or 
defeat  of  a  political  party  or  principle  in  a  public  election 
or  shall  aid  or  take  part  in  the  nomination,  election  or 
defeat  of  a  candidate  for  public  office. 

SECTION  315.  No  person  shall,  in  order  to  aid  or  pro- 
mote his  own  nomination  or  election  to  a  public  office, 
directly  or  indirectly,  himself  or  through  another  person, 
promise  to  appoint,  or  promise  to  secure  or  assist  in  secur- 
ing the  appointment,  nomination  or  election  of  another 


CORRUPT   PRACTICES.  115 

person  to  a  public  position  or  employment  or  to  a  position 
of  honor,  trust  or  emolument,  except  that  he  may  announce 
or  define  what  is  his  choice  or  purpose  in  relation  to  an 
election  in  which  he  may  be  called  to  take  part,  if  elected. 

SECTION   316.      No  person   shall,   in  order  to  aid   or  Payments  by 
promote  his  own  nomination  or  election  to  a  public  office,  JSgSSed8 
directly  or  indirectly,  himself  or  through  another  person,  §§' iss1,1^?, 
give,  pay,  expend  or  contribute,  or  promise  to  give,  pay,  ffo4(  330, 
expend  or  contribute,  any  money  or  other  valuable  thing,  5§  2,  3. 
except  for  personal  expenses  or  to  a  political  committee 
as  hereinafter  provided.     The  words  "  personal  expenses  ",  ^e^Jex^er" 

as  used  in  this  chapter,  shall  include  only  expenses  directly  5e£ses," 
i        •  j   i.  £       /       1 1  •  j    £      defined- 

incurred   and   paid  by   a   person   for  travelling  and   for 

purposes  properly  incidental  to  travelling;  for  writing, 
printing  and  preparing  for  transmission  any  letter,  cir- 
cular, or  other  publication  not  issued  at  regular  intervals, 
whereby  he  states  his  position  or  views  upon  public  or 
other  questions ;  for  stationery  and  postage ;  for  telegraph, 
telephone  and  public  messenger  service;  and  for  other 
similar  personal  purposes. 

SECTION  317.     A  person  who  is  nominated  as  a  candi-  pjjjjjjj3^ 
date  or  voted  for  with  his  assent  for  public  office,  may  political 

,  1  .,  11    committee. 

make  a  voluntary  payment  of  money  or  a  voluntary  and  R.  L.  11,  §  289. 
unconditional  promise  of  payment  of  money  to  a  political 
committee  for  the  promotion  of  the  principles  of  the  party 
which  it  represents,  and  for  its  general  purposes. 

SECTION  318.     No  person  shall,  directly  or  indirectly,  Payments, 

,  .          ,  „  ,  ,     J  J7   etc.,  to  be  in 

himself  or  through  another  person,  make  a  payment  or  name  of 
promise  of  payment  to  a  political  committee  or  to  any  Ra^.rii*§'294 
person  acting  under  its  authority  or  in  its  behalf,  in  any 
name  except  his  own;  nor  shall  such  committee  or  person 
knowingly  receive  a  payment  or  promise  of  payment,  or 
enter  or  cause  the  same  to  be  entered  in  the  accounts  or 
records  of  such  committee,  in  any  other  name  than  that  of 
the  person  by  whom  it  is  made. 

SECTION  319.     ~No  political  committee,  and  no  person  Soliciting,  etc., 
acting  under  its  authority  or  in  its  behalf,  shall  demand,  candidate"11 
solicit,  ask  or  invite,  from  a  person  who  has  been  nom-  etc.hlb  ted' 
inated  as  a  candidate  for  office  in  an  election  a  payment  R- L-  n>  5  295- 
of  money,  or  promise  of  payment  of  money,  to  be  used  in 
such  election ;  and  no  such  candidate  shall  make  any  such  ^pl^moifey* 
payment  to  a  political  committee  or  to  any  person  acting  when  solicited, 
under  its  authority  or  in  its  behalf,  if  such  committee 


116 


CORRUPT   PRACTICES. 


NO  payments 

to  be  made  for 

naturalization 
R6L.  n,'§  296. 


urereetcreas~ 
R.  L.  11,  §  290. 


prohibited 

until  treasurer 

is  chosen. 


faifideaccount 
to  treasurer, 

R.  L.  11,  §  291. 


or  person  has  demanded,  solicited,  asked  or  invited  from 
him  any  such  payment  or  promise  of  payment. 

SECTION  320.     No  political  committee  and  no  person 

.  /-M 

who  is  required  to  me  a  statement  shall  make  any  pay- 
ment  or  promise  of  payment  of  money  to  or  in  behalf  of 
any  person  for  naturalization  fees  or  for  services  as  coun- 
sel or  otherwise  in  assisting  any  one  to  obtain  natural- 
ization. 

SECTION  321.  Every  political  committee  shall  have  a 
treasurer,  who  is  a  voter  of  the  commonwealth,  and  shall 
cause  him  to  keep  detailed  accounts  of  all  money  or  its 
equivalent,  received  by  or  promised  to  the  committee,  or 
by  or  to  any  person  acting  under  its  authority  or  in  its 
behalf,  and  of  all  expenditures,  disbursements  and  promises 
of  payment  or  disbursement  made  by  the  committee  or 
by  any  person  acting  under  its  authority  or  in  its  behalf. 
^°  Person  acting  under  its  authority  or  behalf  shall  re- 
ceive  any  money  or  its  equivalent,  or  expend  or  disburse 

,  •  i      i  •  11 

the  same,  until  the  committee  has  chosen  a  treasurer. 

SECTION  322.  Whoever,  acting  under  the  authority  or 
^n  Behalf  °^  a  JwMticd  committee,  receives  any  money 
or  its  equivalent,  or  promise  of  the  same,  or  expends  or 
incurs  any  liability  to  pay  the  same,  shall,  on  demand, 
and  in  any  event  within  fourteen  days  after  such  receipt, 
expenditure,  promise  or  liability,  give  to  the  treasurer  a 
detailed  account  of  the  same,  with  all  vouchers  required 
by  this  chapter,  which  shall  be  a  part  of  the  accounts  and 
files  of  such  treasurer. 

SECTION  323.  The  treasurer  of  every  political  com- 
mittee  which  receives,  expends  or  disburses  any  money 
or  its  equivalent,  or  incurs  any  liability  to  pay  money  in 
connection  with  any  nomination  or  election  to  an  amount 
exceeding  twenty  dollars,  shall,  within  thirty  days  after 
such  election,  file  a  statement  setting  forth  all  the  receipts, 
expenditures,  disbursements  and  liabilities  of  the  com- 
mittee and  of  every  officer  and  other  person  acting  under 
its  authority  or  in  its  behalf.  It  shall  include  the  amount 
in  each  case  received,  the  name  of  the  person  or  committee 
from  whom  received,  the  date  of  its  receipt,  the  amount  of 
every  expenditure  or  disbursement,  the  name  of  the  person 
or  committee  to  whom  it  was  made,  and  the  date  thereof  • 
and,  unless  such  expenditure  or  disbursement  was  made  to 
another  political  committee,  shall  clearly  state  the  purpose 


CORRUPT   PEACTICES.  117 

of  such  expenditure  or  disbursement;  also  the  date  and 
amount  of  every  existing  promise  or  liability,  both  to  and 
from  such  committee,  remaining  unfulfilled  and  in  force 
when  the  statement  is  made,  the  name  of  the  person  or 
committee  to  or  from  whom  the  unfulfilled  promise  or 
liability  exists,  and  a  clear  statement  of  the  purpose  for 
which  the  promise  or  liability  was  made  or  incurred.  If 
the  aggregate  receipts  or  disbursements  of  a  political  com- 
mittee in  connection  with  any  election  shall  not  exceed 
twenty  dollars,  the  treasurer  of  the  committee  shall,  within 
thirty  days  after  the  election,  certify  the  fact  under  oath 
to  the  secretary  of  the  commonwealth. 

SECTION  324.  Whoever,  acting  otherwise  than  under  other  persons 
the  authority  or  in  behalf  of  a  political  committee  having  requirements, 
a  treasurer,  receives  money  or  its  equivalent,  or  expends  R' L>  n>  §  293> 
or  disburses,  or  promises  to  expend  or  disburse  money  or 
its  equivalent,  to  an  amount  exceeding  twenty  dollars,  to 
aid  or  promote  the  success  or  defeat  of  a  political  party 
or  principle  in  any  election,  or  to  aid  or  influence  the  nom- 
ination, election  or  defeat  of  a  candidate  for  office,  shall 
file  in  the  city  or  town  in  which  he  is  a  voter,  the  state- 
ment required  by  the  preceding  section,  and  shall  be 
subject  to  all  the  duties  required  by  this  chapter  of  a 
political  committee  or  the  treasurer  thereof ;  but  no  person 
except  a  voter  of  the  commonwealth  shall  receive,  expend 
or  disburse  any  money  or  its  equivalent  or  promise  to 
expend  or  disburse  any  money  or  its  equivalent,  for  either 
of  the  purposes  above  named,  except  for  personal  expenses 
as  is  herein  provided,  or  under  the  authority  or  in  behalf 
of  a  political  committee. 

SECTION   325.     Every  candidate  for  nomination  to  a  Candidates  to 
public  office  shall,  within  seven  days  after  the  last  day  of  ments. 
filing  nominations   for   such   office,   and   every   candidate  1904]  Isb;  §  3.' 
for  election  to  a  public  office  shall,  within  seven  days  after 
the  election  held  to  fill  such  office,   file   a   statement  in 
writing  setting  forth   each  sum  of  money   and  thing  of 
value  contributed  or  promised  by  him,  except  for  his  own 
personal  expenses,  for  the  purpose  of  securing  or  in  any 
way   affecting  his  nomination   or   election  to  such   office, 
and   the  name   of  the  political  committee  to  which  the 
contribution  or  promise  was  made,  and  the  date  thereof. 

SECTION  326.     The  statement  required  to  be  filed  by  a  Filing  of  state- 

-,.,    J  ,  ,     ,,    ,         p,     ,        %.,     ments,  oath. 

candidate,  treasurer  or  other  person  shall  be  nled  with  R.  L.  11,  §  297. 

1904,  375,  §  1. 


118  CORRUPT   PRACTICES. 

the  clerk  of  the  city  or  town  in  which  such  candidate, 
treasurer  or  other  person  is  a  voter.  In  case  the  nomina- 
tion to  which  such  statement  relates  is  a  nomination  to 
a  state  or  national  office,  or  the  election  is  a  state  or 
national  election,  a  duplicate  shall  be  filed  with  the  secre- 
tary of  the  commonwealth.  Whoever  makes  a  statement 
required  by  the  provisions  of  this  chapter  shall  make  oath 
that  it  is  in  all  respects  correct  and  true  to  the  best  of  his 
knowledge  and  belief. 

be^s^oted0        SECTION    327.      The    secretary    of   the    commonwealth 
R.  L.  11,  §  298.  shall  inspect  all  statements  filed  with  him,  and  the  clerks 
of  cities  shall  inspect  all  statements  relating  to  nomina- 
tions and  to  city  elections  filed  with  them,  within  sixty 
Delinquent        davS  after  the  election  to  which  they  relate,  and  if  upon 

persons  to  be  J  .  .  .      J  ' 

notified.  examination  of  the  official  ballot  it  appears  that  any  per- 

son has  failed  to  file  a  statement  as  required  by  law,  or 
if  it  appears  to  the  secretary  that  any  such  statement  filed 
with  him  does  not  conform  to  law,  or  if  it  appears  to  a 
city  clerk  that  such  statement  relating  to  a  city  nomination 
or  election  does  not  conform  to  law,  or  upon  complaint  in 
writing  by  five  registered  voters  that  a  statement  does  not 
conform  to  law,  or  that  any  person  has  failed  to  file  a 
statement  required  by  law,  the  secretary  or  city  clerk  shall 
fo°rmPfiiing  *n  writing  notify  the  delinquent  person.  Such  complaint 
shall  state  in  detail  the  grounds  of  objection,  shall  be 
sworn  to  by  one  of  the  subscribers,  and  shall  be  filed  with 
the  secretary  or  with  the  proper  city  clerk  within  ninety 
days  after  the  election  in  question,  or  within  sixty  days 
after  the  filing  of  a  statement  or  amended  statement, 
generafto  be  SECTION  328.  Upon  the  failure  to  file  a  statement 
notified,  etc.  within  ten  days  after  receiving  notice  under  the  preceding 
19041 375,  §  3.'  section,  or  if  any  statement  filed  as  above  discloses  any 
violation  of  any  provision  of  this  chapter  relating  to  cor- 
rupt practices  in  elections,  the  secretary  of  the  common- 
wealth or  the  city  clerk,  as  the  case  may  be,  shall  notify 
the  attorney-general  thereof  and  shall  furnish  him  with 
copies  of  all  papers  relating  thereto,  and  the  attorney- 
general,  within  two  months  thereafter,  shall  examine 
every  such  case,  and  if  he  is  satisfied  that  there  is  cause, 
he  shall  in  the  name  of  the  commonwealth  institute  appro- 
priate civil  proceedings  or  refer  the  case  to  the  proper 
district  attorney  for  such  action  as  may  be  appropriate 
in  the  criminal  courts. 


CORRUPT   PRACTICES.  119 

SECTION  329.     The  supreme  judicial  court  or  the  su-  Courts  may 
perior  court  may  compel  any  person  who  fails  to  file  a  fiii?g  o/stlte- 


statement   as   above   required,   or  who   files   a   statement 

which  does  not  conform  to  the  foregoing  requirements  in  1'104'  375>  §  5' 

respect  to  its  truth,  sufficiently  in  detail,  or  otherwise,  to 

file   a   sufficient  statement,   upon  the   application  of  the 

attorney-general  or   district  attorney   or  petition  of  any 

candidate  voted  for,   or  of  any  five  persons  qualified  to 

vote  at  the  election  on  account  of  which  the  expenditures, 

or  any  part  thereof,  were  made  or  are  alleged  to  have 

been  made.     Such  petition  shall  be  filed  within  sixty  days 

after  such  election,  if  the  statement  was  filed  within  the 

thirty  days  required,  but  a  petition  may  be  filed  within 

thirty  days  of  any  payment  not  included  in  the  statement 

so   filed.      Proceedings   under   this    section   shall   be    ad- 

vanced upon  the  request  of  either  party  for  speedy  trial. 

'No  petition  brought  under  this  chapter  shall  be  discon- 

tinued without  the  consent  of  the  attorney-general. 

SECTION  330.    No  person  who  is  called  to  testify  in  any  witness  not 

-,  .  n  i    J  T  .  ,  .  i     n    i       i  •    1  1       .       liable,  except, 

proceedings  under  the  preceding  section  shall  be  liable  to  etc. 
criminal  prosecution  under  this  chapter  or  otherwise  for 
any  matters  or  causes  in  respect  of  which  he  shall  be 
examined  or  to  which  his  testimony  shall  relate,  except 
to  prosecution  for  perjury  committed  in  such  testimony. 

SECTION  331.     All  statements  shall  be  preserved  for  statements^ 
fifteen  months  after  the  election  to  which  they  relate,  and  etc^ 
shall,  under  reasonable  regulations,  be  open  to  public  in- 
spection. 

SECTION  332.  Every  payment  required  to  be  accounted  ac°counTs%tc.t 
for  shall,  unless  the  total  expense  payable  to  any  one  person 
is  less  than  five  dollars,  be  vouched  for  by  a  receipted  bill 
stating  the  particulars  of  expense,  and  every  voucher,  re- 
ceipt or  account  hereby  required  shall  be  preserved  for  six 
months  after  the  election  to  which  it  relates. 

SECTION  333.    The  secretary  of  the  commonwealth  shall  to^ne 
at  the  expense  of  the  commonwealth  furnish  to  the  city  and  Rf  ifA'i,  §  305. 
town  clerks,  and  in  Boston  to  the  election  commissioners,  1904>  375>  §  6> 
blanks   in  form   approved  by  the   secretary   and  by  the 
attorney-general,  suitable  for  the  statements  required  by 
law.    On  the  receipt  of  a  list  of  candidates  for  public  office 
before  a  caucus  or  primary,  or  upon  the  filing  of  a  nom- 
ination before  a  municipal  election,  the  election  commis- 
sioners in  Boston,  and  the  clerk  of  any  other  city  or  the 


120  INQUESTS   IN   ELECTION   CASES. 

town  clerk  shall  transmit  to  the  candidate  or  candidates 
put  in  nomination,  and  to  the  treasurers  of  political  com- 
mittees, the  blanks  above  described.  Upon  the  filing  of  a 
nomination  before  a  state  or  national  election  the  secretary 
of  the  commonwealth  shall  transmit  to  the  candidate  or 
candidates  put  in  nomination,  and  to  the  treasurers  of  the 
political  committees,  the  blanks  above  described.  To  any 
person  required  to  file  a  statement  such  blanks  shall  be 
furnished  upon  application  therefor. 

SECTION  334.    The  provisions  of  this  chapter  relative  to 
corruPt  practices  shall  apply  to  all  public  elections,  except 
ap^y- .  .  QnA   of  town  officers,  and  to  elections  by  the  general  court  and  bv 

H.  Li.   11,   §   DUD.  .  •111»11  '  ^ 

1903,  454.  city  councils,  and  by  either  branch  thereof,  to  the  nomina- 
tion by  primaries,  caucuses  and  conventions  and  nomination 
papers  of  candidates  to  be  voted  for  at  such  elections. 
Sections  three  hundred  and  fourteen,  three  hundred  and 
sixteen  and  three  hundred  and  eighteen  shall  not  apply 
to  the  proprietors  and  publishers  of  publications  issued 
at  regular  intervals,  in  respect  to  the  ordinary  conduct 
of  their  business. 


INQUESTS  IN  ELECTION   CASES. 

SECTION  335.     Upon  a  complaint  subscribed  and  sworn 
ReL!Ti,l!§1jo7.  to  by  any  person  before  a  police,  district  or  municipal  court 
1903, 454.         or  a  trial  justice,  alleging  that  reasonable  grounds  exist  for 
believing  that  any  law  relating  to  the  assessment,  qualifi- 
cation or  registration  of  voters,  or  to  voting  lists  or  ballots, 
or  to  caucuses,  primaries,  conventions  and  elections,  or  to 
any  matters  pertaining  thereto,   has  been  violated,   such 
court  or  justice  may  at  once  hold  an  inquest  to  inquire 
into  such  alleged  violation  of  the  law. 

SECTION  336.     The  court  or  trial  justice  may  exclude 
R.CL.  11,  §  308.  all  persons  whose  presence  is  not  necessary  at  such  inquest ; 
and  may  also  direct  the  witnesses  to  be  kept  so  separated 
that  they  cannot  converse  with  each  other  until  they  have 
of  witnesses"     been  examined.     The  attorney-general,  the  district  attor- 
ney, or  some  person  designated  by  either,  shall  attend  the 
inquest  and  examine  the  witnesses. 

attendance,  SECTION  337.    Such  court,  justice  or  attorney  may  issue 

ReL.eiii  §  309.  subpoenas  for  witnesses,  who  shall  be  allowed  the  same  fees, 

whose  attendance  may  be  enforced  in  the  same  manner, 

and  who  shall  be  subject  to  the  same  penalties,  as  if  served 


OFFICERS   TO  BE  ELECTED,   STATE  ELECTIONS.  121 

with  a  subpoena  in  behalf  of  the  commonwealth  in  a  crim- 
inal prosecution  before  such  court  or  trial  justice. 

SECTION  338.     Such  court  or  trial  justice  may  employ  stenographer 
a  stenographer  and  may  have  the  proceedings  reduced  to  ^ployed,  etc. 
writing ;  and  if  he  finds  that  the  law  has  been  violated,  R- L- 11»  §  31°- 
shall  report  to  the  superior  court  all  the  material  facts 
and  the  names  of  any  persons  guilty  of  any  such  viola- 
tion. 

SECTION  339.    The  court  or  trial  "justice  may  bind  over,  witnesses  may 

.       .        T  , .  ,         J.  J  7   be  bound  over 

as  in  criminal  prosecutions,  such  witnesses  as  are  neces-  to  appear,  etc. 
sary,  or  as  said  attorney  may  designate,  to  appear  and 
testify  in  the  superior  court. 

SECTION  340.  If  a  person  charged  by  the  report  with 
the  commission  of  an  offence  is  not  in  custody,  the  court 
or  trial  justice  shall  forthwith  issue  a  process  for  his  appre- 
hension ;  but  such  process  may  issue  before  the  filing  of 
said  report,  if  otherwise  lawful. 

SECTION  341.     No  person  shall  be  excused  from  testi-  Witnesses  not 

...  ,       .  .  .  , .  liable,  except, 

fying  or  producing  any  papers  in  any  inquest  proceedings  etc. 
under  this  chapter  on  the  ground  that  his  testimony  may 
tend  to  criminate  him  or  subject  him  to  a  penalty  or  for- 
feiture, but  he  shall  not  be  prosecuted  or  be  subjected  to  a 
penalty  or  forfeiture  for  or  on  account  of  any  action, 
matter  or  thing  concerning  which  he  may  so  testify,  except 
for  perjury  committed  in  such  testimony. 


OFFICERS  TO  BE  ELECTED  AT  STATE  ELECTIONS. 

shall 

annualb 


SECTION  342.     At  the  annual  state  election  there  shall  to  be  elected 


be  chosen  by  the  voters  of  the  commonwealth,  as  prescribed  R^L^IM  314. 
by  the  constitution,  a  governor,  lieutenant  governor,  secre- 
tary of  the  commonwealth,  treasurer  and  receiver  general, 
auditor  of  accounts,  and  attorney-general;  by  the  voters 
in  each  councillor  district,  one  councillor ;  by  the  voters  in 
each  senatorial  district,  one  senator;  and  by  the  voters 
in  each  representative  district,  such  number  of  representa- 
tives as  the  district  is  entitled  to  elect. 

t    SECTION  343.     At  the  annual  state  election  in  each  year  SecS?rsntial 
n  which  presidential  electors  are  required  to  be  elected,  a  R- L-  n- §  315> 
lumber  of  electors,  equal  to  the  whole  number  of  senators 
ind  representatives  in  congress  to  which  the  commonwealth 
s  entitled,  shall  be  chosen  by  the  voters  of  the  common- 
wealth. 
' 


122  OFFICEES  TO  BE   ELECTED,   STATE  ELECTIONS. 

Representa-          SECTION  344.     At  the  annual  state  election  in  every 
congress.          even  numbered  year  a  representative  in  congress  shall  be 

'  chosen  by  the  voters  in  each  congressional  district. 
District  SECTION  345.     At  the  annual  state  election  in  the  year 

R.*!™!!^  317.  nineteen  hundred  and  seven,  and  in  every  third  year  there- 
after, a  district  attorney  shall  be  chosen  by  the  voters  in 
each   of   the   districts    into   which   the   commonwealth   is 
divided  for  the  administration  of  the  criminal  law. 
Clerks  of  SECTION  346.     At  the  annual  state  election  in  the  year 

R.  L.  ii,  §  318.  nineteen  hundred  and  eleven,  and  in  every  fifth  year  there- 
after, a  clerk  of  the  supreme  judicial  court  for  the  county 
of  Suffolk,  and  two  clerks  of  the  superior  court,  one  for 
civil  and  one  for  criminal  business,  shall  be  chosen  by  the 
voters  in  said  county;  and,  by  the  voters  in  each  of  the 
other  counties,  a  clerk  of  the  courts  who  shall  act  as  clerk 
of  the  supreme  judicial  court,  of  the  superior  court  and 
of  the  county  commissioners. 
Registers  of  SECTION  347.  At  the  annual  state  election  in  the  year 

probate  and  .  ,111-1  -•.  n  c  i  ,1 

insolvency.  nineteen  hundred  and  eight,  and  in  every  fifth  year  there- 
after, a  register  of  probate  and  insolvency  shall  be  chosen 
by  the  voters  of  each  county. 

Register  of  SECTION  348.     At  the  annual  state  election  in  the  year 

R.  L.  ii,  §  320.  nineteen   hundred   and   eleven,    and   in   every   fifth   year 

thereafter,  a  register  of  deeds  shall  be  chosen  by  the  voters 

of  each  district  for  the  registry  of  deeds,   and  of  each 

county  not  divided  into  districts. 

County^com-         SECTION  349.     At  the  annual  state  election  there  shall 
R.  L.  11,  §'321.  be  chosen  by  the  voters  of  the  county  of  Middlesex  and 
of  the  towns  of  Revere  and  Winthrop,  one  county  com- 
missioner for  said  county  and  towns,  and  by  the  voters  of 
each  of  the  other  counties,  except  the  counties  of  Suffolk 
and  Nantucket,  one  county  commissioner  for  the  county. 
coSminission  ^  ^e  annual  state  election  in  the  year  nineteen  hun- 

ers.  dred  and  seven,  and  in  every  third  year  thereafter,  there 

shall  likewise  be  chosen  by  the  voters  of  the  county  of 
Middlesex  and  of  the  towns  of  Revere  and  Winthrop,  two 
associate  commissioners  for  said  county  and  towns,  and  by 
the  voters  of  each  of  the  other  counties,  except  the  counties 
of  Suffolk  and  Nantucket,  two  associate  commissioners  for 
the  county. 

Not  more  than  one  of  the  county  commissioners   and 
associate  commissioners   shall  be  chosen   from  the   same 
town.  city  or  town.     If  two  persons  residing  in  the  same  city  or 

town  shall  appear  to  have  been  chosen  to  said  offices,  the 


OFFICERS   TO  BE  ELECTED,   STATE  ELECTIONS.  123 

person  only  who  receives  the  larger  number  of  votes  shall 
be  declared  elected;  but  if  they  shall  receive  an  equal 
number  of  votes,  no  person  shall  be  declared  elected.  If 
a  person  residing  in  a  city  or  town  in  which  a  county 
commissioner  or  an  associate  commissioner  who  is  to  remain 
in  office  also  resides,  shall  appear  to  have  been  chosen,  he 
shall  not  be  declared  elected.  If  the  person  is  not  declared 
elected  by  reason  of  the  above  provisions,  the  person  re- 
ceiving the  next  highest  number  of  votes  for  the  office, 
and  who  resides  in  another  city  or  town,  shall  be  declared 
elected. 

SECTION  350.     At  the  annual  state  election  in  the  year  sheriffs, 
nineteen  hundred  and  seven,  and  in  every  third  year  there-  Rl  L>  n>  §  322- 
after,  a  sheriff  shall  be  chosen  by  the  voters  in  each  county. 

SECTION  351.     At  the  annual  state  election  in  the  year  County 
nineteen  hundred  and  nine,  and  in  every  third  year  there-  Rei?uiir§  323. 
after,  a  county  treasurer  shall  be  chosen  by  the  voters  in 
each  county,  except  the  counties  of  Suffolk  and  Nantucket. 

SECTION  352.     At  the  annual  state  election  in  the  year  Commission- 
nineteen  hundred  and  fifteen,   and  in  every  tenth  year  Son  Suffolk 
thereafter,   nine   commissioners   shall  be   elected   for   the  representative 
county  of  Suffolk,  for  the  performance  of  the  duties  here-  RSL!CII; 
inafter   specified.      Five   of  said  commissioners  shall  be  f|052438626§  9. 
residents  of  and  voters  in  the  city  of  Boston  and  shall 
be  elected  by  the  voters  of  that  city ;  two  shall  be  residents 
of  and  voters  in  the  city  of  Chelsea  and  shall  be  elected 
by  the  voters  of  that  city;  one  shall  be  a  resident  of  and 
a  voter  in  the  town  of  Winthrop  and  shall  be  elected  by 
the  voters  of  that  town ;  and  one  shall  be  a  resident  of  and 
a  voter  in  the  town  of  Revere  and  shall  be  elected  by  the 
voters  of  that  town.     Said  commissioners  shall  hold  office 
for  one  year  from  the  first  Wednesday  of  January  next  zation. 
after  their  election.     At  their  first  meeting,  they  shall  or- 
ganize by  choosing  a  chairman,  who  shall  be  one  of  their 
number,  and  a  clerk.     The  city  of  Boston  shall  provide  city  of 

•      -I  -I  /Y>  i  p         i  •  i    -tJoston  to 

them  with  a  suitable  office  and  room  for  hearings  and  provide  office, 
shall  allow  and  pay  to  them  for  compensation  a  sum  not  compensation, 
exceeding  five  hundred  dollars  each,  said  sum  to  be  de-  clerk  hire- etc- 
termined  by  the  governor  and  council,  and  a  further  sum 
of  not  more  than  seven  hundred  dollars  for  clerk  hire, 
stationery  and  incidental  expenses. 

The  said  commissioners  shall,  on  the  first  Tuesday  of  Duties- 
August  next  after  the  secretary  of  the  commonwealth  shall 
have  certified  to  them  the  number  of  representatives  to 


124  TOWN   MEETINGS. 

which  the  county  of  Suffolk  may  be  entitled,  as  determined 
by  the  general  court,  assemble  in  the  city  of  Boston,  and, 
as  soon  as  may  be,  shall  so  divide  said  county  into  repre- 
sentative districts  of  contiguous  territory  as  to  apportion 
the  representation  of  said  county,  as  nearly  as  may  be, 
according  to  the  number  of  voters  in  the  several  districts. 
Such  districts  shall  be  so  formed  that  no  ward  of  a  city 
and  no  town  shall  be  divided,  and  no  district  shall  be 
so  formed  that  it  shall  be  entitled  to  elect  more  than  three 
representatives.  The  districts  shall  be  numbered  by  the 
commissioners,  and  a  description  of  each  district,  its  num- 
ber and  the  number  of  voters  therein  shall  be  transmitted 
to  the  secretary  of  the  commonwealth,  to  the  board  of 
election  commissioners  of  the  city  of  Boston,  to  the  treas- 
urer of  the  city  of  Boston,  to  the  city  clerk  of  the  city  of 
Boston,  to  the  city  clerk  of  the  city  of  Chelsea,  to  the  clerk 
of  the  town  of  Revere  and  to  the  clerk  of  the  town  of 
Winthrop  and  shall  be  filed  and  kept  in  their  respective 
offices. 

ofecStain°ffice  SECTION  353.  District  attorneys,  county  commission- 
iPifli  §  325  ers>  asso°iate  commissioners,  sheriffs  and  county  treasurers 
shall  hold  their  several  offices  for  terms  of  three  years,  and 
registers  of  deeds,  clerks  of  the  courts  and  registers  of  pro- 
bate and  insolvency  for  terms  of  five  years,  beginning  with 
the  first  Wednesday  of  January  in  the  year  succeeding 
their  respective  elections  and  until  their  successors  are 
chosen  and  qualified. 

residents  etc         SECTION  354.    District  attorneys,  registers  of  deeds  and 
R.  L.  n,'§  32(5.  county  treasurers  shall  be  residents  of  the  counties  or  dis- 
tricts for  which  they  are  chosen. 

PAET  5. 

PROVISIONS  APPLICABLE  TO  TOWN  MEETINGS. 

SECTION  355.     The  annual  meeting  of  each  town  shall 


he  held  in  February,  March  or  April  ;  and  other  meetings 
ReLtsii,  §  327.  maJ  b®  neld  at  such  times  as  the  selectmen  may  order. 

Meetings  may  be  adjourned  from  time  to  time,  and  to  any 

place  within  the  town. 

Stmcatfon.          SECTION  356.     Every  town  meeting,  except  as  herein- 
R.  L.  11,  §  328.  after  provided,  shall  be  called  in  pursuance  of  a  warrant, 

under  the  hands  of  the  selectmen,   directed  to  the  con- 


TOWN   MEETINGS.  125 

stables  or  to  some  other  persons,  who  shall  forthwith  give 
notice  of  such  meeting  in  the  manner  prescribed  by  the  by- 
laws or,  if  there  are  no  by-laws,  by  a  vote  of  the  town. 
The  warrant  shall  state  the  time  and  place  of  the  meet-  Contents, 
ing  and  the  subjects  to  be  there  acted  upon,  and  the 
selectmen  shall  insert  in  the  warrant  all  subjects  the  in- 
sertion of  which  shall,  in  writing,  be  requested  of  them 
by  any  ten  or  more  voters  of  the  town.  No  action  shall 
be  valid  unless  the  subject-matter  thereof  is  contained  in 
the  warrant.  Two  or  more  distinct  town  meetings  for  Warrants  may 
distinct  purposes  may  be  called  by  the  same  warrant.  Sore  meetings. 

SECTION   357.      If  a  majority  of  the  selectmen  shall 
vacate  their  offices,  or  if  the  full  number  shall  fail  to  be 
elected  or  qualified,  the  selectmen  in  office  may  call  a  town  R.  L.  11,  §  329. 
meeting. 

SECTION  358.     If  the  selectmen  unreasonably  refuse  to  Justice  of  the 
call   a  town  meeting,    a  justice  of  the   peace,   upon  the  issue  warrants 

-,.        ..         '    f    ,  f    ,1  -n         in  certain 

application  of  ten  or  more  voters  of  the  town,  may  call  a  cases, 
meeting  by  a  warrant  under  his  hand,  stating  the  subjects  R<  L>  llf  §  330' 
to  be  acted  upon,  directed  to  the  constables  of  the  town  if 
there  are  any;  otherwise  to  any  of  the  persons  applying 
therefor,  directing  them  to  summon  the  inhabitants  quali- 
fied to  vote  in  town  affairs,  to  assemble  at  the  time  and 
place,  and  for  the  purposes  expressed  in  the  warrant. 

SECTION  359.     At  every  town  meeting,  except  for  the  Moderator, 
election  of  state  officers,  when  moderators  are  not  elected  R.  L.  11,  §  331. 
for  the  term  of  one  year,  a  moderator  shall  first  be  chosen. 

Any  town  which  has  so  voted  or  hereafter  votes  may  May  be  elected 
at  any  annual  election  of  town  officers  elect  from  the  in- 
habitants  thereof  by  ballot,  a  moderator  to  preside  at  all 
town  meetings  except  those  for  the  election  of  state  officers. 
His  term  of  office  shall  begin  as  soon  as  he  is  qualified, 
and  shall  continue  until  the  next  annual  town  meeting 
and  until  his  successor  is  elected  and  qualified.  Any  town 
which  has  elected  a  moderator  for  the  term  of  one  year 
shall  thereafter  elect  a  moderator  at  every  annual  election 
of  town  officers,  unless  at  a  meeting  duly  called  for  the 
purpose  the  town  votes  to  discontinue  the  electing  of  mod- 
erators for  said  term. 

If  a  vacancy  in  the  said  office  occurs  during  any  term  Vacancy, 
it  may  be  filled  by  the  voters  of  the  town  at  a  meeting 
called   for  that   purpose.      If   a   moderator   so  elected  is 
absent,  a  moderator  pro  tempore  may  be  elected. 


126 


ELECTION   OF   TOWN   OFFICERS. 


Election  of 
moderator  for 
one  year  in 
certain  towns, 
proceedings. 


Who  shall  . 
preside  until 
a  moderator 
is  elected. 


Powers  and 
duties  of 
moderators. 
R.  L.  11,  §  332. 


When  vote  is 
questioned. 


Speaking  in 
town  meeting 
regulated. 
R.  L.  11,  §  333. 


In  towns  where  official  ballots  are  used,  the  vote  to  elect 
moderators  for  the  term  of  one  year  shall  be  taken  at  a 
meeting  held  at  least  thirty  days  before  the  annual  town 
meeting  at  which  the  vote  is  to  become  operative,  and  at 
the  first  annual  meeting  after  the  town  has  so  voted  a 
moderator  shall  be  chosen  as  provided  in  section  three 
hundred  and  seventy  to  serve  at  that  meeting,  and  the 
moderator  elected  on  the  official  ballot  at  that  meeting  shall 
act  at  subsequent  town  meetings,  except  those  for  the 
election  of  state  officers,  until  his  successor  is  elected  and 
qualified. 

At  every  town  meeting  until  a  moderator  or  moderator 
pro  tempore  is  elected,  the  town  clerk  shall  preside,  but  if 
he  is  absent  or  if  there  is  no  town  clerk,  the  chairman  of 
the  selectmen  or  the  member  longest  in  continuous  service 
shall  preside,  but  if  no  selectman  is  present,  the  justice  of 
the  peace  calling  such  meeting,  if  the  meeting  is  so  called, 
shall  preside.  Such  presiding  officer  shall  have  the  powers 
and  perform  the  duties  of  a  moderator. 

SECTION  360.  The  moderator  shall  preside  and  regu- 
late the  proceedings,  decide  all  questions  of  order,  and 
make  public  declaration  of  all  votes,  and  may  administer 
in  open  meeting  the  oath  of  office  to  any  town  officer  chosen 
thereat.  If  a  vote  so  declared  is  immediately  questioned 
by  seven  or  more  of  the  voters,  he  shall  verify  it  by  polling 
the  voters  or  by  dividing  the  meeting  unless  the  town  has 
by  a  previous  order  or  by  its  by-laws  provided  another 
method. 

SECTION  361.  No  person  shall  address  a  town  meeting 
without  leave  of  the  moderator,  and  all  persons  shall  at 
the  request  of  the  moderator  be  silent.  If  a  person,  after 
warning  from  the  moderator,  persists  in  disorderly  be- 
havior, the  moderator  may  order  him  to  withdraw  from  the 
meeting;  and  if  he  does  not  withdraw,  may  order  a  con- 
stable or  any  other  person  to  remove  him  and  confine  him 
in  some  convenient  place  until  the  meeting  is  adjourned. 


Annual  town 
meeting, 
officers  to  be 
elected. 
R.  L.  11, 
§§  334,  365. 


ELECTION   OF  TOWN  OFFICERS. 

SECTION  362.  Every  town  at  its  annual  meeting  shall 
in  every  year,  except  as  is  otherwise  provided  in  the  follow- 
ing section  and  in  sections  three  hundred  and  sixty-seven 
and  three  hundred  and  sixty-nine,  choose  from  the  inhabi- 


ELECTION   OF   TOWN   OFFICEES.  127 

tants  thereof  the  following  named  town  officers,  who  shall 
serve  during  the  year: 

A  town  clerk; 

Three,  five,  seven  or  nine  selectmen ; 

Three  or  more  assessors ;  and,  if  the  town  so  votes,  three 
or  more  assistant  assessors; 

Three  or  more  overseers  of  the  poor; 

A  town  treasurer,  whom  the  town  may  at  any  meeting 
appoint  collector  of  taxes ; 

One  or  more  collectors  of  taxes,  if  the  town  so  votes ; 

One  or  more  auditors,  who  shall  hold  no  other  town 
office; 

One  or  more  surveyors  of  highways,  if  the  town  so  votes ; 

A  road  commissioner,  if  the  town  has  provided  for  such 
officer ; 

A  sewer  commissioner,  if  the  town  has  provided  for 
such  officer; 

One  or  more  constables,  who  shall  also  be  collectors  of 
taxes,  unless  other  persons  are  specially  chosen  or  ap- 
pointed as  such; 

Two  or  more  field  drivers ; 

Two  or  more  fence  viewers ;  and  such  other  town  officers 
as  are  required  by  law  then  to  be  chosen ; 

A  tree  warden. 

The  town  shall  likewise  at  its  annual  meeting  or  at  a  School 
meeting  held  in  the  same  month  in  which  the  annual  meet-  c< 
ing  occurs,  choose  members  of  the  school  committee,  which 
committee  shall  consist  of  any  number  of  persons  divisible 
by  three  which  the  town  has  decided  to  elect,  one  third 
thereof  to  be  elected  annually,  for  the  term  of  three  years. 
If  a  town  fails  or  neglects  to  choose  such  committee,  an 
election  at  a  subsequent  meeting  shall  be  valid.  Where 
official  ballots  are  used  the  number  to  be  so  elected  shall  be 
determined  at  a  meeting  held  at  least  thirty  days  before 
the  annual  town  meeting.  A  town  may,  at  an  annual 
meeting,  if  official  ballots  are  not  used,  otherwise  at  a 
meeting  held  at  least  thirty  days  before  the  annual  meeting 
at  which  such  change  is  to  become  operative,  vote  to  in- 
crease or  diminish  the  number  of  its'  school  committee. 
Such  increase  shall  be  made  by  adding  one  or  more  to 
each  class,  to  hold  office  according  to  the  tenure  of  the  class 
to  which  they  are  severally  chosen.  Such  diminution  shall 
be  made  by  choosing,  annually,  such  number  as  will  in 


128 


ELECTION   OF   TOWN   OFFICERS. 


Women  eligible 
for  certain 
offices. 

Town  clerk 

may  be  chosen 

for  term  of 

three  years, 

etc. 

R.  L.  11,  §  335. 


Certain  towns 

to  elect  a 

highway 

surveyor. 

R.  L.  11,  §  336. 


When  to  take 
effect,  etc. 
R.  L.  11, 
§§  337,  365. 


Board  of 
health,  elec- 
tion, terms, 
etc. 

R.  L. 11, 
§§  338,  365. 


If  not  elected, 

selectmen  to 

act. 

One  member 

to  be  a 

physician  in 

certain  towns. 


When  vote 
shall  be  taken 
where  official 


three  years  effect  it,  and  a  vote  to  diminish  shall  remain  in 
force  until  the  diminution  under  it  is  accomplished. 

Women  shall  be  eligible  as  overseers  of  the  poor  and 
school  committee. 

SECTION  363.  In  towns  which  vote  to  accept  the  provi- 
sions of  this  section  or  have  voted  to  accept  the  corre- 
sponding provisions  of  earlier  laws,  the  town  clerk  may, 
until  such  acceptance  is  revoked  at  a  subsequent  meet- 
ing, be  chosen  for  a  term  of  three  years;  and  such  clerk 
may  also  serve  as  clerk  of  such  officers,  boards  and  depart- 
ments of  the  town  as  the  town  may  determine  by  a  vote 
taken  at  said  meeting  or  at  a  subsequent  meeting. 

SECTION  364.  In  towns  which  vote  to  accept  the  provi- 
sions of  this  section  or  have  voted  to  accept  the  corre- 
sponding provisions  of  earlier  laws,  there  shall  be  elected 
at  the  annual  town  meeting  in  each  year,  until  such 
acceptance  is  revoked  by  the  town,  a  highway  surveyor, 
who  shall  hold  his  office  for  one  year.  Upon  the  election 
of  such  surveyor,  the  office  of  road  commissioner  shall 
terminate. 

SECTION  365.  In  towns  where  official  ballots  are  not 
used,  the  question  of  the  acceptance  or  revocation  of  the  ac- 
ceptance of  either  of  the  two  preceding  sections  shall  be 
voted  upon  only  at  an  annual  town  meeting,  and  such  vote 
shall  take  effect  forthwith.  In  other  towns,  the  question  of 
acceptance  or  revocation  shall  be  voted  upon  at  a  meeting 
held  at  least  thirty  days  before  the  annual  meeting  at 
which  such  vote  is  to  become  operative. 

SECTION  366.  A  town  may  elect  a  board  of  health 
consisting  of  three  persons,  who  shall  serve  for  terms  of 
one,  two  and  three  years  respectively,  beginning  with  the 
day  following  the  meeting  at  which  they  are  elected,  or 
until  their  respective  successors  are  chosen  and  qualified; 
and  thereafter  such  town  shall,  at  its  annual  town  meet- 
ing, choose  one  member  of  such  board  who  shall  hold 
office  for  three  years  from  the  day  following  such  meeting 
and  until  another  is  chosen  and  qualified  in  his  stead.  If 
no  such  board  is  chosen,  the  selectmen  shall  act  as  a  board 
of  health.  In  every  town  having  more  than  five  thousand 
inhabitants  as  determined  by  the  latest  national  or  state 
census  at  least  one  member  of  the  board,  unless  composed 
of  the  selectmen,  shall  be  a  physician.  Where  official 
ballots  are  used  the  question  of  electing  a  board  of  health 


ELECTION   OF   TOWN   OFFICERS.  129 

shall  be  voted  upon  at  a  meeting  held  at  least  thirty  days  ballots  are 

before  the  annual  meeting  at  which  such  vote  is  to  become  u 
operative. 

SECTION  367.*  A  town  may,  at  an  annual  meeting,  if  fj^JSJ^d 

official  ballots  are  not  used,  otherwise  at  a  meeting  held  at  JjJJ13^™  °f 

least  thirty  days  before  the  annual  meeting  at  which  such  election  m 

.     J       ,  J  .  '     .  certain  towns. 

change  is  to  become  operative,  vote  to  elect  its  selectmen,  R.  L.  11, 
assessors  or  overseers  of  the  poor  in  the  following  man- 
ner :  — 

If  the  number  fixed  by  the  town  is  three,  it  shall,  at 
the  annual  meeting  when  such  vote  is  passed  or  at  the 
next  annual  meeting,  elect  one  for  the  term  of  one  year, 
one  for  the  term  of  two  years  and  one  for  the  term  of 
three  years;  if  the  number  is  five,  it  shall  elect  one  for 
the  term  of  one  year,  two  for  terms  of  two  years  and  two 
for  terms  of  three  years;  if  the  number  is  seven,  it  shall 
elect  two  for  terms  of  one  year,  two  for  terms  of  two 
years,  and  three  for  terms  of  three  years  ;  if  the  number  is 
nine,  it  shall  elect  three  for  terms  of  one  year,  three  for 
terms  of  two  years  and  three  for  terms  of  three  years  ;  and 
at  each  annual  meeting  thereafter,  it  shall  elect  one,  two 
or  three  for  the  term  of  three  years  as  the  term  of  office  of 
one,  two  or  three  expires. 

If  the  number  of  assessors  is  four,  the  town  shall  elect 
two  assessors  for  terms  of  one  year  and  two  assessors  for 
terms  of  two  years  ;  and  at  each  annual  meeting  thereafter 
it  shall  elect  two  assessors  to  serve  for  terms  of  two  years. 

SECTION  368.     A  town  which  votes  to  increase  or  dimin-  in  towns  voting 
ish  the  number  of  its  selectmen,  assessors  or  overseers  of 


the  poor,  may  at  the  same  meeting  if  an  annual  meeting,  Selectmen! 


otherwise  at  the  annual  meeting  next  succeeding  the  meet- 

ing  at  which  the  vote  was  passed,  elect  one  or  more  such 

additional  officers,  or  omit  to  elect  one  or  more  such  officers,  §§ 

so  as  to  bring  the  number  to  the  limit  fixed  by  the  vote  of 

the  town,  with  terms  of  office   expiring  in  the  manner 

provided    in   the   preceding   section;    but   one   selectman, 

assessor  and  overseer  of  the  poor  shall  be  elected  annually. 

A  town  which  has  voted  to  elect  said  officers  as  provided  in  ]5Jgon'escind 

the  preceding  section,  may  at  an  annual  meeting  if  official 

ballots  are  not  used,  otherwise  at  a  meeting  held  at  least 

thirty  days  before  the  annual  meeting,  rescind  such  action  ; 

but  such  rescission  shall  not  affect  the  term  of  office  of  any 

such  officer. 

*  See  chapter  579,  Acts  of  1907,  printed  on  page  148. 


130  ELECTION   OF   TOWN   OFFICERS. 

SECTION  369.     A  town  may  at  an  annual  meeting  if 


ee  sewerand  omcial  ballots  are  not  used,  otherwise  at  a  meeting  held 
Saner?"  a*  ^eas^  thirty  days  before  the  annual  meeting,  vote  to 

R.  L.  ii,          elect  three  road  commissioners  and  three  sewer  commis- 

§§  341,  365.  .  ,         ,.   ,-j 

sioners  in  the  following  manner  :  — 

Election,  j^.  ^^  ^  ^e  annual  meeting  when  such  vote  is  passed 

or  at  the  annual  meeting  next  succeeding  the  meeting  at 
which  the  vote  was  passed,  elect  one  for  the  term  of  one 
year,  one  for  the  term  of  two  years  and  one  for  the  term 
of  three  years;  and  at  each  annual  meeting  thereafter  it 

May  rescind  shall  elect  one  for  the  term  of  three  years.  A  town  which 
has  voted  to  elect  said  officers  as  herein  provided,  may  in 
like  manner  rescind  such  action;  and  thereupon,  if  at  an 
annual  meeting,  the  offices  of  road  commissioners  or  sewer 
commissioners  shall  be  abolished.  If  such  vote  is  taken 
at  a  meeting  held  at  least  thirty  days  before  the  annual 
meeting  such  abolition  shall  take  effect  at  the  next  annual 
meeting. 

SECTION  370.     The  election  of  a  moderator  at  a  meet- 
*n£  ^or  *ke  cn°ice  °f  town  officers  shall  be  by  ballot  and 

R.  L.'n,  §  342.  the  voting  list  shall  be  used  thereat.  When  moderators 
are  not  elected  for  the  term  of  one  year  if  the  number 
of  voters  registered  for  the  annual  town  meeting  shall 
exceed  five  hundred,  no  person  shall  print  or  distribute 
for  use  at  the  election  of  moderator  at  such  meeting  any 
ballots  unless  they  shall  be  of  plain  white  paper,  in  weight 
not  less  than  that  of  ordinary  printing  paper,  not  less 
than  five  and  one  half  nor  more  than  six  inches  in  length, 
and  not  less  than  three  and  one  half  nor  more  than  four 
inches  in  width  ;  shall  have  no  printing,  engraving,  device 
or  mark  upon  the  back  thereof,  and,  if  printed,  shall  be 
printed  in  black  ink  with  the  name  of  the  candidate  in  a 
line  parallel  with  the  length  of  the  ballot,  and  in  capital 
letters  not  less  than  one  eighth  of  an  inch  nor  more  than 

Certain  ballots  one  quarter  of  an  inch  in  height.     Ballots  for  moderator, 

to  be  counted.       1,1  ,.  /,  .  .  -,1,1  i 

although  not  in  conformity  with  the  above  requirements, 
shall  be  received  and  counted. 

m°a^?e?^fers'  SECTION  371.  The  election  of  town  clerk,  selectmen, 
RleLioii  §  343  assessors>  overseers  of  the  poor,  town  treasurer,  auditor, 
collector  of  taxes,  constables,  road  commissioners,  sewer 
commissioners,  board  of  health  and  school  committee  shall 
be  by  ballot;  and  the  election  of  all  other  town  officers 
shall  be  in  such  manner  as  the  town  may  determine, 


ELECTION   OF   TOWN   OFFICERS.  131 

unless  otherwise  provided  by  law.     A  town  which  chooses  Selectmen 
its  assessors*  or  overseers  of  the  poor  for  one  year  may,  SsesBora  or 
instead  of  electing  such  officers,  provide  by  vote  that  the  %£*%££  £? 
selectmen  shall  act  also  as  assessors  or  as  overseers  of  the  certain  towns, 
poor,  or  both.     Such  vote  shall,  in  any  town  using  official 
ballots,  be  passed  at  a  meeting  held  at  least  thirty  days 
before  the  annual  meeting  at  which  such  selectmen  are  to 
be  chosen. 

SECTION  372.     The  voting  list  shall  be  used  and  the  When  voting 
name  of  every  person  voting  shall  be  checked  thereon  in  used8 
the  election  of  all  town  officers  whose  election  is  by  law  R-L-11-  §344- 
required  to  be  by  ballot,  and  in  voting  upon  the  question 
of  granting  licenses  for  the  sale  of  intoxicating  liquors; 
but  in  the  election  of  other  town  officers  the  meeting  shall 
determine  whether  the  voting  list  shall  be  used. 

SECTION  373.     If  the  town  clerk,  selectmen,  assessors,  ^111e°(Jsuto  be 
treasurer,  collector  of  taxes  and  school  committee  are  voted  mdorsed,  'etc. 
for  on  one  ballot,  the  moderator  shall  cause  all  such  ballots 
when  canvassed  and  counted,  and  record  thereof  has  been 
made,  publicly  to  be  enclosed  in  envelopes,  which  shall  be 
sealed  and  indorsed,  and  certified  in  the  manner  required 
by  section  two  hundred  and  seventy-two. 

SECTION  374.     A  person  who  is  elected  town  clerk,  if  oath"  clerk' 
present  at  the  meeting,  shall  forthwith  be  sworn,  either  R- L- n.  § 346- 
by  the  moderator  or  by  a  justice  of  the  peace,  and  shall 
at  once  enter  upon  the  performance  of  his  duties.     Every  Te<JJ?0ffficer8' 
town  officer  designated  by  name  in  section  three  hundred  office,  etc. 
and  sixty-two,  unless  other  provision  is  specifically  made 
by  law,  shall  enter  upon  the  performance  of  his  duties 
on  the  day  after  his  election  or  as  soon  thereafter  as  he 
is  qualified,  and  shall  hold  office  during  the  term  fixed 
by  law,  which  shall  begin  on  the  day  after  the  annual 
meeting,  and  until  another  person  is  chosen  and  qualified 
in  his  stead. 

SECTION   375.      Town  officers  designated  by  name   in  ^SPrf*08™1 
section  three  hundred  and  sixty-two  shall,  before  enter-  jj^™'n  §  347. 
ing  upon  their  official  duties,   be  sworn  to  the  faithful 
performance  thereof.     Such  oath  may  be  administered  by 
the  moderator  in  open  town  meeting,  or  by  the  town  clerk. 
The  town  clerk  shall  forthwith,  after  the  election  or  ap-  T£ g 
pointment   of  town  officers   required  to  take   an   oath   of  officers, 
office,  make  a  list  of  the  names  of  all  such  officers  not 
sworn  by  him  or  by  the  moderator,  and  deliver  it  with 

*  See  chapter  579,  Acts  of  1907,  printed  on  page  148. 


132  ELECTION   OF   TOWN   OFFICERS. 

his  warrant  to  a  constable  requiring  him  within  three  days 
TO  appear  ..     to  summon  each  such  person  to  appear  and  take  the  oath 

and  take  oath  .       .  \ 

within  seven  of  office  within  seven  days  after  the  service  of  such  sum- 
mons upon  him;  and  the  constable  shall  within  said  seven 
days  make  return  thereof  to  the  town  clerk.  Persons  so 
summoned,  unless  exempt  by  law  from  holding  the  office, 
shall  within  said  seven  days,  take  the  oath  of  office  before 
the  town  clerk  or  before  a  justice  of  the  peace,  and  file  a 
certificate  thereof  with  the  town  clerk. 

Exemption  SECTION  376.     No  person  shall  be  required  to  serve 

from  liability  r. 

to  hold  town  two  terms  successively  in  the  same  town  office;  and  no 
R.  Le'n,  §  348.  person  shall  be  required  to  accept  the  office  of  constable 
who  holds  a  commission  as  an  officer  of  the  United  States 
or  of  the  commonwealth,  who  is  a  member  of  the  council, 
of  the  general  court,  a  minister  of  the  gospel,  an  engine- 
man,  a  member  of  the  fire  department,  or  who  has  been  a 
constable  or  collector  of  taxes  in  the  town  within  the 
preceding  seven  years.  No  person  shall  be  required  to 
serve  in  the  office  of  surveyor  of  highways  oftener  than 
once  in  three  years. 
Depositing  of  SECTION  377.  At  any  meeting  for  the  choice  of  town 

certain  ballots.       „  .  •?  . & 

R.  L.  11,  §  349.  omcers  in  a  town  not  using  omcial  ballots,  no  ballot  shall 

be  received  by  the  moderator  unless  presented  for  deposit 

in  the  ballot  box,   open  and  unfolded,   by  the  voter   in 

person,  and  so  that  the  moderator  can  know  that  only  one 

be*  read  or* to    ballot  is  presented.     No  moderator  or  other  election  officer 

examined         shall,  before  the  polls  are  closed,  read  or  examine,  or  per- 

before  polls  are-       .  •        i        i  •        i 

closed.  mit  to  be  read  or  examined,  the  names  contained  upon 

any  ballot. 

rece\veatv°ortes  SECTION  378.  The  moderator  shall  receive  the  votes 
voters?*6""1  °f  any  person  whose  name  is  on  the  voting  list,  or  who 
R.  L.  11,  §  350.  presents  a  proper  certificate  from  the  registrars  of  voters. 
^ling'oT  SECTION  379.  The  secretary  of  the  commonwealth  shall 

granting  Squor  a*  ^east  seven  days  before  the  annual  meeting  send  to  the 
^censes.  town  clerk  of  each  town  not  using  official  ballots,  ballots 

upon  the  question  of  granting  licenses  for  the  sale  of  in- 
toxicating liquors  therein,  which  shall  contain  the  words: 
"  Shall  licenses  be  granted  for  the  sale  of  intoxicating 
liquors  in  this  town  ?  "  "  Yes."  or  "  No.  ",  and  no  other 
words.  Ballots  of  each  kind  shall  be  provided  in  number 
equal  at  least  to  the  number  of  registered  voters  in  such 
Distribution.  town>  They  shall  be  Distributed  to  the  voters  at  the  poll- 
ing place  under  the  direction  of  the  town  clerk. 


FAILURES   TO  ELECT,   ETC.,  IN  TOWN  OFFICES.  133 

SECTION  380.     No  ballot  shall  be  received  from  any  Ballots  for 
woman  who  votes  for  school  committee  in  a  town  which  for^choo?tlr 
does  not  use  official  ballots  unless  it  has  the  words  "  For  R.Tnn,e§'352. 
School  Committee  only  ",  on  the  back  thereof.     Such  bal-  counting, 
lots  shall  be  counted  only  in  the  choice  of  members  of  the 
school  committee,  and  for  no  other  office  or  purpose. 

SECTION    381.      Towns    divided    into  voting   precincts  Towns  may 
may,   for  their  annual  town  election,   establish   precinct  SSt  ™tiSJT 
voting  for  all  town  officers  to  be  chosen  thereat  and  for  officereand 
voting  on  the  question  of  granting  licenses  for  the  sale  of  g?aSnSgion  °f 
intoxicating  liquors,  by  accepting  the  provisions  of  this  R^^Tssa' 
section  at  a  meeting  called  for  the  purpose  and  held  four-  1902i  34>6- 
teen  days  at  least  before  the  annual  town  meeting.     In  other  matters 

.  ,  &     , .          to  be  acted 

towns  so  voting,  or  which  have  accepted  the  corresponding  upon  at  a 

j-  -,  •         !  I-,  .  r  °   subsequent 

provisions  of  earlier  laws,  all  matters  to  be  considered  at  meeting, 
the  annual  town  meeting,  other  than  the  election  of  town 
officers  and  the  question  of  granting  licenses  for  the  sale 
of  intoxicating  liquors,  shall  be  in  order  only  at  a  town 
meeting  held  within  thirty  days  after  the  date  of  the 
annual  election,  and  not  later  than  the  thirtieth  day  of 
April.  The  time  and  place  of  holding  such  subsequent  Time  and 

,  i     •         -i  11    place  of  hold- 

meeting   shall  be   stated   in  the  warrant   for  the   annual  ing  subsequent 

election,  and  said  election,  subsequent  meeting  and  its  ad- 
journments shall  be  regarded  as  parts  of  the  annual  town 
meeting.  The  election  of  a  moderator,  except  in  towns 
where  moderators  are  elected  for  the  term  of  one  year, 
shall  be  the  first  business  in  order  at  said  subsequent  Not  to  vote  by 

m  11  i  -i         precincts  at 

meeting,      lowns  are  not  hereby  authorized   to  vote  bv  special  eiec- 

.    ,      ,  »     *  ™  "     tions  of  town 

precincts  at  special  elections  of  town  officers.  officers. 

SECTION  382.     The  town  clerk  and  the  board  of  regis-  Canvass  of 

.,      ,  /»  i  i  returns,  etc. 

trars,  upon  receipt  of  the  returns  from  the  several  pre-  R.  L.  11,  §  354. 
cincts,  shall  forthwith  canvass  the  same  and  immediately 
declare  the  result  and  notify  the  persons  chosen  as  town 
officers  as  provided  in  section  three  hundred  and  seventy- 
five. 

PROCEEDINGS  IN  CASES  OF  FAILURE  TO  ELECT,  AND  VACAN- 
CIES   IN    TOWN    OFFICES. 

SECTION  383.     If  there  is  a  failure  at  an  election  to  e^cCaFncifown 
choose  a  town  officer,  or  if  a  person  chosen  shall  not  accept  gjec|s'  how 
such  office,  or  if  a  vacancy  shall  occur,  the  town  may,  at  R.  L.'H,§  355. 
any  legal  meeting,   except   as  provided  in  section  three 
hundred  and  eighty-six,  elect  a  person  to  such  office. 


134 


FAILURES   TO  ELECT,   ETC.,  IN  TOWN  OFFICES. 


When  official 
ballots  are 
used. 


Town  clerk 

pro  tempore, 

election. 

R.  L.  11,  §  356, 


Clerk  to  be 
appointed  in 
certain  cases, 
etc. 


Constable, 
election,  etc. 
R.  L.  11,  §  357. 


Assessors  may 
be  appointed 
in  certain 
cases,  etc. 
R.L.  11,  §358, 


Treasurer  or 
collector, 
appointment. 
K.  L.  11,  §  359. 


To  give  bond, 

etc. 


If,  at  an  election  of  town  officers  for  which  official 
ballots  are  used,  there  is  a  failure  to  elect  a  town  officer, 
he  may  be  elected  at  an  adjourned  or  succeeding  meeting ; 
and  ballots  shall  be  prepared  and  furnished  for  such  meet- 
ing, containing  the  nominations  already  made  and  such 
as  may  subsequently  be  made  for  the  office. 

SECTION  384.  If,  at  a  town  meeting,  there  is  a  vacancy 
in  the  office  of  town  clerk,  or  if  he  is  absent,  the  meeting 
shall  elect  by  ballot  a  clerk  pro  tempore.  The  selectmen 
shall  receive  and  count  the  votes  and  declare  the  election 
of  such  clerk.  If,  in  case  of  a  vacancy,  other  duties  than 
those  required  of  a  town  clerk  at  a  town  meeting  are  to 
be  performed,  or  if  he  is  unable  to  perform  such  duties, 
the  selectmen  may  in  writing  under  their  hands  appoint 
a  clerk  for  the  performance  thereof,  who  shall  be  sworn 
and  shall,  in  the  performance  of  such  duties,  have  the 
same  powers  and  be  subject  to  the  same  requirements  and 
penalties  as  the  town  clerk,  and  he  shall  immediately  make 
a  record  of  his  election  or  appointment. 

SECTION  385.  A  person  chosen  constable  at  a  town 
meeting  shall,  if  present,  forthwith  declare  his  acceptance 
or  refusal  of  his  office.  If  he  does  not  accept  the  office, 
the  town  shall,  if  official  ballots  are  not  used,  elect  another 
person  to  the  office,  and  continue  so  to  elect  until  some 
person  accepts  the  office  and  is  sworn. 

SECTION  386.  If  the  assessors  of  a  town,  or  the  select- 
men acting  as  such,  shall  in  any  year  fail  to  perform 
their  duties,  the  county  commissioners  may  appoint  three 
or  more  inhabitants  of  the  county  to  be  assessors  for  such 
town,  who  shall  be  sworn,  shall  hold  office  until  the  offices 
of  assessors  are  filled  by  the  town,  and  shall  receive  from 
the  town  the  compensation  of  assessors. 

SECTION  387.  If  the  office  of  treasurer  or  collector  of 
taxes  is  vacant,  or  if  the  treasurer  or  collector  is  unable 
to  perform  his  duties,  the  selectmen  may  in  writing  ap- 
point a  treasurer  or  collector  pro  tempore,  who  shall  be 
sworn,  give  bond  in  like  manner  as  the  treasurer  or  col- 
lector chosen  by  the  town,  and  hold  such  office  until  another 
is  chosen  by  the  town  and  qualified  or  the  disability  is 
removed.  If  a  treasurer  or  collector  does  not,  within  ten 
days  after  his  election  or  appointment,  give  bond,  the 
selectmen  may  declare  the  office  vacant  and  appoint  an- 
other in  his  place. 


TOWN   ELECTIONS,  —  OFFICIAL   BALLOTS    USED.  135 

SECTION  388.     If  the  office  of  an  auditor  in  a  town  is  Auditor, 

.     .  T  .  • ,,  £  , -i        appointment. 

vacant,  the  remaining  auditors,  if  any,  may  perform  the  R.L.  ii,§360. 
duties  thereof  and  may  appoint  a  person  to   aid  them. 
If  there  is  no  remaining  auditor,  the  selectmen  shall  ap- 
point  an   auditor   to   serve   until   another   is   chosen   and 
qualified. 

SECTION  389.     If  there  is  a  failure  to  elect,  or  if  a  Certain 
vacancy  occurs  in  any  town  office,  other  than  the  offices  appointment, 
of  selectmen,  town  clerk,  assessor,  treasurer,  collector  of  ffLJ&.?Stt. 
taxes  or  auditor,  the  selectmen  shall  in  writing  appoint  a 
person  to  fill  such  vacancy.     If  there  is  a  vacancy  in  a 
board  consisting  of  two  or  more  members,  the  remaining 
members  shall  give  notice  thereof  in  writing  to  the  select- 
men, who,  with  the  remaining  member  or  members  of  such 
board  shall,  after  one  week's  notice,  fill  such  vacancy  by 
ballot.     A  majority  of  the  ballots  of  the  officers  entitled 
to  vote  shall  be  necessary  to  such  election.     The  person 
so  appointed  or  elected  shall  perform  the  duties  of  the 
office  until  the  next  annual  meeting  or  until  another  is 
chosen  and  qualified. 

SECTION  390.     If  a  person  removes  from  a  town,  he  Vacancies, 

/v>        ill!        i  •  removal 

shall  thereby  vacate  any  town  oince  held  by  him.  from  town. 

SECTION  391.     The  proceedings  in  an  election  held  by  S^ 
reason  of  a  previous  failure  to  elect,  or  to  fill  a  vacancy,  J^Jg^J1 
and  the  qualifications  of  a  person  to  be  elected  or  appointed,  R.  L.  u,'§  363. 
shall  be  the  same  as  in  an  original  election. 


TOWN   ELECTIONS  AT   WHICH   OFFICIAL  BALLOTS  ARE  USED. 

SECTION  392.    A  town  may,  at  a  meeting  called  for  the  j£wn  may 
purpose,  vote  that  official  ballots  shall  thereafter  be  used  official 

,  .  ballots,  etc. 

therein;  and  may,  at  the  annual  town  meeting  or  at  a  R.L.  11, §364. 

meeting  so  called  and  held  at  least  thirty  days  before  the 

annual  town  meeting,  by  a  two  thirds  vote  rescind  such 

action.      In   town   elections   at  which  official  ballots   are  Nominations, 

used,  nominations  for  town  officers  elected  by  ballot  shall 

be  made,  ballots  and  other  apparatus  therefor  provided, 

and  elections  of  such  officers  conducted,  in  accordance  with 

the  provisions  of  this  chapter  so  far  as  applicable. 

SECTION  393.     If  a  town  votes  that  official  ballots  shall  SS^S*" 
be  used  for  the  election  of  town  officers,  it  shall  at  the  RffiLe'n,  §  365. 
same  meeting  determine  what  officers  in  addition  to  those 
required  to  be   so  elected  shall  thereafter  be  so  chosen/ 


136 


PENALTIES  UPON   OFFICEES. 


Change  in 
officers  to  be 
chosen  by 
ballot,  etc. 


Penalties  on 
assessor  and 
assistant 


R.  L.  11,  §  366. 


On  registrar 
or  assistant 
registrar. 
R.  L.  11,  §  367. 


On  member  of 
listing  board 
or  police 
officer  in 
Boston. 
1903,  279, §  11 
1906,  291,  §  18 


Same  subject, 

etc. 

1903,  279,  §  12. 

1906,  291,  §  18. 


and  determine  the  number  and  terms  of  office,  if  not 
already  fixed.  No  change  shall  thereafter  be  made  in  the 
officers  to  be  chosen  by  ballot  or  in  the  number  or  terms 
of  office  thereof,  except  at  a  meeting  held  at  least  thirty 
days  before  the  annual  meeting  at  which  such  change  is 
to  become  operative. 

PAKT  6. 

PENALTIES    UPON     OFFICERS. 

SECTION  394.  An  assessor  or  assistant  assessor  who 
knowingly  enters  on  any  list  of  assessed  polls,  or  causes 
or  allows  to  be  entered  thereon,  the  name  of  any  person  as 
a  resident  of  a  building,  who  is  not  a  resident  thereof,  shall 
for  each  offence  be  punished  by  imprisonment  for  not  more 
than  six  months. 

SECTION  395.  A  registrar  or  assistant  registrar  who 
refuses  or  wilfully  neglects  to  require,  under  section  forty- 
seven,  an  applicant  for  registration  to  read  the  five  lines 
from  the  constitution  of  the  *  commonwealth  in  such  man- 
ner as  to  show  that  he  is  neither  prompted  nor  reciting 
from  memory,  or  to  write  his  name  in  the  register,  unless 
he  is  prevented  by  physical  disability  from  so  doing,  or 
unless  he  had  the  right  to  vote  on  the  first  day  of  May 
in  the  year  eighteen  hundred  and  fifty-seven,  or  distinctly 
to  announce  the  name  of  an  applicant  for  registration  be- 
fore entering  his  name  upon  the  register,  or  who  knowingly 
prevents  or  seeks  to  prevent  the  registration  of  any  legal 
voter,  or  who  knowingly  registers  the  name  of  any  person 
not  qualified  to  vote,  or  who  is  guilty  of  any  fraud  or 
corrupt  conduct  in  the  execution  of  the  duties  of  his 
office,  shall  be  punished  by  imprisonment  for  not  more 
than  six  months. 

SECTION  396.  A  member  of  the  listing  board  or  a  police 
officer  in  Boston  who  knowingly  enters  on  any  list  of  male 
persons  or  women  voters,  or  causes,  or  allows  to  be  entered 
thereon,  the  name  of  any  person  as  a  resident  of  a  build- 
ing, who  is  not  a  resident  thereof,  shall  for  each  offence 
be  punished  by  imprisonment  for  not  more  than  one  year. 

SECTION  397.  A  member  of  the  listing  board  or  a  police 
officer  in  Boston  upon  whom  a  duty  is  imposed  by  this 
chapter,  who  refuses  or  wilfully  neglects  or  wilfully  fails 
to  perform  such  duty,  or  who  wilfully  performs  it  con- 


PENALTIES   UPON   OFFICERS.  137 

trary  to  law,  shall  for  each  offence,  if  no  other  penalty  is 
specifically  imposed  therefor,  be  punished  by  imprison- 
ment for  not  more  than  one  year. 

SECTION  398.     An  officer  of  a  primary,  caucus  or  con-  On  officer  of  a 
vention  who  knowingly  makes  any  false  count  of  ballots  or  IsSJSqY 
votes,  or  makes  a  false  statement  or  declaration  of  the 
result  of  a  ballot  or  vote,  or  knowingly  refuses  to  receive  1903>  464' 
any  ballot  offered  by  a  person  qualified  to  vote  at  such 
primary,  caucus  or  convention,  or  wilfully  alters,  defaces 
or  destroys  any  ballots  cast,  or  voting  lists  used  thereat, 
before  the  requirements  of  this  chapter  have  been  complied 
with,  or  declines  or  wilfully  fails  to  receive  any  written 
request  made  as  therein  required,  or  declines  or  wilfully 
fails  to  perform  any  duty  or  obligation  imposed  thereby 
shall  be  punished  by  imprisonment  for  not  more  than  three 
months. 

Any  such  presiding  officer,  secretary  or  clerk  of  a  cau-  On  caucus 
cus  who  wilfully  neglects  or  refuses  to  comply  with  the  nJSctlto 
requirements  of  section  one  hundred  and  eleven  shall  be 
punished  by  a  fine  of  not  more  than  fifty  dollars  for  each  of  §  m- 
offence. 

SECTION   399.     A  caucus   officer  who  violates  any  of 
the  provisions  of  section  one  hundred  and  one  shall  be  J^ 
punished  by  imprisonment  for  not  more  than  one  year.         R-  L.  11,  §  369. 

SECTION  400.      A  supervisor   appointed  under  section  On  supervisor 
two  hundred  and  fourteen,  violating  any  provision  thereof,  provisos  of 
shall  be   punished   by  imprisonment  for  not  more  than  L  L.'II,  §370. 
one  year. 

SECTION  401.     An  election  officer  who,  before  the  public  On  election 
declaration  of  the  vote  at  an  election,  makes  any  state-  R.  Erii,537i. 
inent  of  the  number  of  ballots  cast,  of  the  number  of 
votes  given  for  any  person,  of  the  name  of  any  person 
who  has  voted,  of  the  name  of  any  person  which  has  not 
been  voted  on,  or  of  any  other  fact  tending  to  show  the 
state  of  the  polls,  shall  be  punished  by  imprisonment  for 
not  more  than  thirty  days. 

SECTION  402.     A  presiding  officer  at  a  caucus,  primary  On^presiding 
or  state  or  city  election,  or  at  an  election  in  a  town  at  R.  L.  ii,  §  372. 
which  official  ballots  are  used,  who,  when  the  right  of  a 
person  offering  to  vote  is  challenged  for  any  legal  cause, 
wilfully  or  negligently  fails  to  require  the  name  and  resi- 
dence of  such  person  to  be  written  upon  the  ballot  offered 
by  him,  and  to  add  thereto  the  name  of  the  person  chal- 


138 


PENALTIES   UPON   OFFICEKS. 


recounting 
ballots. 

K.  Li.  11,  §  616. 

1903,454. 


?fficereltdtown 
eiection 

K.  Li.  11,  §  o74. 


Section118*7  °r 

RffiLerii  §  375 
1903,454.      ' 


or 

missfoner°m" 
R.  L.  11,  §§  8, 


town 

ni!ssk?ne?°m~ 
RL-  11-  §§  8> 


oreeiectionerk 


378L'  ll>  §§  8> 


lenging  and  the  assigned  cause,  before  such  ballot  is  re- 
ceived, shall  be  punished  by  imprisonment  for  not  more 
than  one  year. 

SECTION  403.  A  primary,  election  or  other  officer  whose 
duty  it  is  to  recount  the  ballots  cast  at  a  primary  or  elec- 

<J  ,  .     «•; 

tion,  who  makes  any  statement  or  gives  any  information 
in  regard  to  a  ballot  cast  by  a  voter  challenged  at  such 
primary  or  election,  except  as  required  by  law,  shall  be 
punished  by  imprisonment  for  not  more  than  one  year. 

SECTION  404.  A  presiding  officer  who,  at  a  town  elec- 
tion  a^  which  official  ballots  are  not  used,  before  the  polls 

'  A 

are  closed  and  without  the  consent  of  a  voter,  reads  or 
examines  or  permits  to  be  read  or  examined,  vthe  names 
written  or  printed  on  the  ballot  of  such  voter,  in  order  to 
ascertain  the  persons  voted  for  by  him,  shall  be  punished 
by  imprisonment  for  not  more  than  thirty  days. 

SECTION  405.  A  primary  or  election  officer  who  wil- 
-frdty  or  negligently  violates  any  provision  relating  to  the 
enclosing  in  envelopes,  sealing,  indorsing  and  delivering 
or  transmitting  of  ballots  and  voting  lists,  after  the  votes 
have  been  counted  and  recorded,  shall  be  punished  by 
imprisonment  for  not  more  than  one  year. 

SECTION  406.  A  city  or  town  clerk  or  an  election  com- 
missi°ner  wno  examines  or  permits  to  be  examined,  except 
as  required  by  law,  ballots  cast  at  an  election  which  are 
received  and  retained  by  him  under  section  two  hundred 
and  seventy-four,  shall  be  punished  by  a  fine  of  not  more 
than  two  hundred  dollars. 

SECTION  407.  A  city  or  town  clerk  or  an  election  com- 
missioner  who  fails  to  make  a  record  of  votes  cast  at  an 
election  and  to  make  and  transmit  copies  of  any  such 
record,  as  required  by  this  chapter,  shall  be  punished  by  a 
fine  of  not  more  than  two  hundred  dollars  ;  but  if  a  copy 
of  the  records  is  deposited  in  the  post  office  within  the 
time  fixed  for  transmission  or  delivery,  postpaid  and  prop- 
erly addressed,  it  shall  be  a  bar  to  any  complaint  for  de- 
linquency. 

SECTION  408.  A  city  or  town  clerk,  precinct  clerk  or 
election  commissioner  who  wilfully  signs  a  certificate  not 
*n  accordance  with  the  result  of  an  election  as  appearing 
^7  the  records  and  copies  of  records  of  votes  cast,  or  by  a 
recount  of  votes,  shall  be  punished  by  imprisonment  for 
not  more  than  one  year. 


PENALTIES   UPON  VOTEES.  139 

SECTION  409.  A  selectman  who  wilfully  gives  a  certifi-  On  selectmen, 
cate  of  election  to  a  person  voted  for  as  representative  in 
the  general  court,  which  is  not  in  accordance  with  the 
declaration  of  the  vote  in  open  town  meeting  at  the  time 
of  the  election,  or  not  in  accordance  with  a  recount  of  votes, 
shall  be  punished  by  imprisonment  for  not  more  than  one 
year. 

SECTION  410.    A  public  officer,  primary,  caucus  or  elec-  °fgcerpublic 
tion  officer,  or  officer  or  member  of  a  political  committee  primary, 

>  ,  .      .    J  caucus  or 

or  convention,  upon  whom  a  duty  is  imposed  by  law,  who  election  officer, 

f  "i_c    11  —u:    n        £    -i       j.  *  officer  or 

reiuses  or  wiliully  neglects  or  wiliully  tails  to  periorm  member  of  a 
such  duty,  or  who  wilfully  performs  it  contrary  to  law,  5StteeaorCcSi"- 


shall  for  each  offence,  if  no  other  penalty  is  herein  specifi-  SuSTi'/ 
cally  imposed  therefor,  be  punished  by  a  fine  of  not  less  J|Q|;  |||-  §  13 
than  five  nor  more  than  one  thousand  dollars,  or  by  im- 
prisonment for  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment.    A  primary  or  election  officer  in  the  or\fePtri^ary 
city  of  Boston  who  knowingly  permits  or  aids  in  the  viola-  officer  in 
tion  of  any  provisions  of  law  relating  to  registration,  pri- 
maries or  elections,  shall  be  punished  by  imprisonment  in 
the  state  prison  for  not  more  than  three  years  or  in  the 
house  of  correction  for  not  less  than  six  months. 

PENALTIES    UPON    VOTERS. 

SECTION  411.     Whoever  at  a  primary  or  caucus  votes  For  illegally 
or  attempts  to  vote,  knowing  that  he  is  not  entitled  so  to  IttenfpSng  to 
do,  or  votes  or  attempts  to  vote  upon  any  name  other  than  dfstmgutsh'mg 
his  own,  or  more  than  once  on  his  own  name,  or  casts  or  b3iot,°etc. 
attempts  to  cast  more  than  one  ballot,  or  places  any  dis-  J^-  4*4§  381- 
tinguishing  mark  upon  a  ballot,  or  makes  a  false  state-  For  making 
ment  as  to  his  ability  to  mark  his  ballot,  or  unlawfully  mi^t^ifnfaw- 
allows  the  marking  of  his  ballot  to  be  seen  by  any  person,  maihlgTf"8 
or  gives  a  false  answer  to,  or  makes  a  false  oath  before,  a 
presiding  officer,  shall  be  punished  by  imprisonment  for 
not  more  than  six  months. 

SECTION  412.     A  voter  who  violates  any  of  the  provi-  For  violating 
sions  of  section  one  hundred  and  one  shall  be  punished  by  §rioisl° 

T?     T      1 1     A  *^fi9 

imprisonment  for  not  more  than  one  year. 

SECTION  413.     A  voter  who,  at  a  primary  or  election,  aStmLuTsWng 
places  any  distinguishing  mark  upon  his  ballot  shall  be  j^f(ktupon 
punished  by  imprisonment  for  not  more  than  six  months.  Ife^  4*4§ 383- 

SECTION  414.     A  voter  who  makes  a  false  statement  as  For  making 
to  his  inability  to  mark  a  ballot,  or  who,  except  for  the 


140  GENERAL   PENALTIES. 

fully  allowing    purpose  of  obtaining  assistance  under  section  two  hundred 

ballot  to  be  -.       .     ,  n  i   •      i     n     ,  n  i 

Been.  and  sixty-two,  allows  his  ballot  to  be  seen  by  any  person 

R.  L.  11,  §  ,184.  w^  an  intention  of  indicating  how  he  is  about  to  vote 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars. 

votingeo?lly  SECTION    415.      Whoever    at    a    primary    or    election, 

?ote?etcng  to  knowing  that  he  is  not  a  qualified  voter  in  the  place  where 
1903'  454§  j8?'  ^e  v°tes  or  attempts  to  vote,  wilfully  votes  or  attempts  to 
1904,'  sioi  §  i.  vote  thereat ;  whoever  at  a  primary  or  election  votes  or 
attempts  to  vote  more  than  once  on  his  own  name,  his 
name  having  been  registered  more  than  once;  whoever  at 
a  primary  or  election  votes  or  attempts  to  vote  in  more 
than  one  voting  precinct  or  town,  his  name  having  been 
registered  in  more  than  one  voting  precinct  or  town; 
whoever  at  a  primary  or  election  votes  or  attempts  to  vote 
on  any  name  other  than  his  own,  or  knowingly  casts  or 
attempts  to  cast  more  than  one  ballot  at  one  time  of  bal- 
loting; whoever  at  a  primary  or  election  votes  or  attempts 
to  vote  otherwise  illegally;  or  whoever  aids  or  abets  any 
other  person  in  doing  any  of  the  acts  above  mentioned, 
shall  be  punished  by  imprisonment  for  not  more  than  one 
year. 

Sbegans^er.          SECTION  416.     Whoever  at  a  primary  or  election  wil- 

H)03'  454§  386'  -fr^ty  giyes  a  f  alge  answer  to  a  presiding  officer  shall  be 

punished  by  a  fine  of  not  more  than  one  hundred  dollars. 

GENERAL   PENALTIES. 

fo°girveefu4ueg          SECTION  417.     Whoever,  being  an  inmate  of  a  building 

Formation""       an(^  lia^e  t°  ^e  assessed  for  a  poll  tax,  refuses  or  neglects 

R.  L.  11,  §  387.  to  give  his  true  name  when  asked  by  an  assessor  or  assistant 

assessor,   or  whoever,  being  an  owner  or  occupant  of  a 

building,   refuses   or  neglects  to  give  the  full   and  true 

information  within  his  knowledge  relating  to  all  persons 

residing  in  such  building,  when  asked  by  an  assessor  or 

assistant  assessor,  shall  be  punished  by  imprisonment  for 

not  more  than  three  months. 

SECTION  418.     Whoever  in  Boston,  being  an  inmate  of 
a  building  and  a  male  resident  twenty  years  of  age  or 
F903°279  §  13   upward,  refuses  or  neglects  to  give  his  true  name,  when 
HOG'  291 '  §§  is    agked  by  a  member  of  the  listing  board  or  a  police  officer 
acting  under  this  chapter,   or  whoever,  being  an   owner 
or  occupant  of  a  building,  or  a  clerk,  superintendent,  man- 
ager or  other  person  having  in  charge  the  affairs  of  a  hotel 


GENERAL   PENALTIES.  141 

or  lodging  house,  refuses  or  neglects  to  give  the  full  and 
true  information  within  his  knowledge  relating  to  all 
persons  residing  in  such  building,  when  asked  by  a  mem- 
ber of  the  listing  board  or  a  police  officer  acting  under 
this  chapter,  shall  be  punished  by  imprisonment  for  not 
more  than  three  months. 

SECTION  419.     Whoever  knowingly  gives  to  an  assessor  Forgiving 

,,         , ,  ^  ,  i  /.   name  of  non- 

or  assistant  assessor,  ior  tne  purpose  01  the  assessment  01  resident. 
a  poll  tax,  or  in  Boston  to  a  member  of  the  listing  board  1903]  279,  §14! 
or  a  police  officer,  for  the  purpose  of  making  a  list  of  male  1906>  291>  §  18' 
residents  twenty  years  of  age  or  upwards  or  women  voters, 
the  name  of  any  person  as  a  resident  of  a  building,  who 
is  not  a  resident  therein,  shall  be  punished  by  imprison- 
ment for  not  more  than  one  year. 

SECTION  420.     Whoever  knowingly  or  wilfully  makes  a  a&daJft  oath 
false  affidavit,  takes  a  false  oath  or  signs  a  false  certificate  °r  certifies, te 

.  rv.  Li.  11,  §  oow. 

relative  to  the  qualifications  of  anv  person  for  assessment  1903,  279,  §  is. 

.  .  .        -p-j  /i        *4  i'ii  •  1906,  291,  §  18. 

or  registration,  or  in  .boston  ior  being  listed  or  given  a 
certificate  by  the  listing  board,  shall  be  punished  by  im- 
prisonment for  not  more  than  one  year. 

SECTION  421.     Whoever  in  Boston  aids  or  abets  a  per-  ft°r  f^sSton 
son  in  knowingly  or  wilfully  making  a  false  affidavit,  tak-  Jgj|.  ||5,  §  ^ 
ing  a  false  oath  or  signing  a  false  certificate,  relative  to 
the  qualifications  of  any  person  for  being  listed  as  a  resi- 
dent thereof  or  given  a  certificate  of  such  residence  by 
the  listing  board,  shall  be  punished  by  imprisonment  for 
not  more  than  one  year. 

SECTION  422.  Whoever  causes  or  attempts  to  cause  his 
name  to  be  registered,  knowing  that  he  is  not  a  qualified 
voter  in  the  place  of  such  registration  or  attempted  regis- 
tration ;  whoever  registers  or  attempts  to  register  under  a  1904',  310,  §  2. 
name  other  than  his  own;  whoever  represents  or  attempts 
to  represent  himself  as  some  other  person  to  any  election 
commissioner,  registrar  or  assistant  registrar;  whoever 
gives  a  false  answer  to  any  election  commissioner,  registrar 
or  assistant  registrar  respecting  any  matter  relating  to  his 
registration  or  his  right  to  vote ;  whoever  otherwise  ille- 
gally registers  or  attempts  to  register;  or  whoever  aids  or 
abets  any  other  person  in  doing  any  of  the  acts  above 
mentioned,  shall  be  punished  by  imprisonment  for  not 
more  than  one  year. 

SECTION    423.      Whoever   refuses   to    obey   the    lawful 
orders  or  directions  of  an  election  commissioner,   i 


14:2 


GENERAL   PENALTIES. 


R.  L.  11,  §§  8, 


For  interfer- 
ing with 
supervisor  of 
registration. 
R.  L.  11,  §  392. 


For  defacing 

or  removing 

notice,  voting 

list,  warrant, 

etc. 

R.  L.  11,  §393. 


For  aiding, 
etc.,  persons 
in  illegal  vot- 
ing, inter- 
ference with 
voter,  etc. 
R.  L.  11,  §  394. 
1903,  454. 


For  altering 
ballot  cast  at 
a  primary  or 
caucus,  ille: 
gaily  deposit- 
ing or 
removing 
ballot,  etc. 
R.  L.  11,  §  395 
1903,  454. 

For  falsely 
making,  filing, 
suppressing, 
defacing,  etc., 
certificate, 
nomination 
paper  or 
letter. 
R.  L.  11, 


On  magistrate 
taking  oath  of 
signer  to 
nomination 
3r. 
11,  §  397 


istrar  or  assistant  registrar,  or  interrupts  or  disturbs  the 
proceedings  at  any  registration  shall  be  punished  by  a  fine 
of  not  more  than  one  hundred  dollars. 

SECTION  424.  Whoever  interferes  with,  or  aids  or  abets 
any  person  in  interfering  with,  any  supervisor  of  regis- 
tration in  the  performance  of  his  duty,  shall  be  punished 
by  imprisonment  for  not  more  than  one  year. 

SECTION  425.  Whoever  wilfully  defaces  or  removes  a 
notice  relating  to  the  registration  of  voters,  or  a  voting 
list  or  notice  or  warrant  for  an  election  posted  in  a  city 
or  town  shall  be  punished  by  imprisonment  for  not  more 
than  one  year. 

SECTION  426.  Whoever  aids  or  abets  a  person,  who  is 
not  entitled  to  vote,  in  voting  or  attempting  to  vote  at  a 
primary  or  caucus,  or  in  voting  or  attempting  to  vote 
under  a  name  other  than  his  own,  or  in  casting  or  attempt- 
ing to  cast  more  than  one  ballot,  or  wilfully  and  without 
lawful  authority  hinders,  delays  or  interferes  with,  or 
aids  in  hindering,  delaying  or  interfering  with,  a  voter 
while  on  his  way  to  a  primary  or  caucus,  while  marking 
his  ballot  or  while  voting  or  attempting  to  vote,  or  en- 
deavors to  induce  a  voter  to  show  his  ballot,  shall  be 
punished  by  imprisonment  for  not  more  than  one  year. 

SECTION  427.  Whoever  alters  a  ballot  cast  at  a  pri- 
mary or  caucus  or,  not  being  authorized  thereto,  deposits 
a  ballot  in  a  ballot  box  or  envelope  used  at  a  primary  or 
caucus,  or  removes  a  ballot  from  such  ballot  box  or  en- 
velope, shall  be  punished  by  imprisonment  in  jail  for  not 
more  than  three  years. 

SECTION  428.  Whoever  falsely  makes  or  wilfully  alters, 
defaces,  mutilates,  destroys  or  suppresses  a  certificate  of 
nomination  or  nomination  paper,  or  letter  of  withdrawal 
of  a  name  from  such  paper,  or  unlawfully  signs  any  such 
certificate,  paper  or  letter,  or  files  any  such  certificate, 
paper  or  letter,  knowing  the  same  to  be  falsely  made  or 
altered,  shall  be  punished  by  imprisonment  for  not  more 
than  one  year. 

SECTION  429.  Whoever  as  a  notary  public,  justice  of 
the  peace  or  other  magistrate  takes  the  oath  of  a  signer  to 
a  nomination  paper  without  satisfying  himself  that  the 
person  to  whom  the  oath  is  administered  is  the  signer  of 
such  nomination  paper,  or  who  shall  fail  to  state  in  his 
attestation  of  such  oath  that  he  is  so  satisfied,  shall  be 


GENERAL   PENALTIES.  143 

punished  by  a  fine  of  not  less  than  ten  or  more  than  fifty 
dollars. 

SECTION   430.      Whoever   intentionally   writes,   prints,  For  writing, 
posts  or  distributes,  or  causes  to  be  written,  printed,  posted  poSii^'dis- 
or  distributed,  a  circular  or  poster  which  is  designed  or  anonymous*0'1 
tends  to  injure  or  defeat  any  candidate  for  nomination  or  RL  ii'sl! 
election  to  any  public  office,  by  criticising  his  personal 
character  or  political  action,  unless  there  appears  upon 
such  circular  or  poster  in  a  conspicuous  place  either  the 
names  of  the  chairman  and  secretary,  or  of  two  officers  of 
the  political  or  other  organization  issuing  the  same,  or  of 
some  voter  who  is  responsible  therefor,  with  his  name  and 
residence,  and  the  street  and  number  thereof,  if  any,  shall 
be    punished    by   imprisonment    for   not    more    than    six 
months. 

SECTION  431.     Whoever  wilfully  obstructs  or  interferes  Forobstmct- 
with  the  transmission  of  ballots  or  returns  to  or  from  a 
polling  place  shall  be  punished  by  imprisonment  for  not 
more  than  one  year.  1907  42g 

SECTION  432.     Whoever  posts,  circulates  or  distributes  For  posting, 
any  poster,  card,  handbill,  placard,  picture  or  circular,  ex-  etc^SSn 
cept  a  paster  to  be  placed  upon  the  official  ballot,  intended  £t0cster8>  cards> 
to  influence  the  action  of  a  voter,  in  the  polling  place,  in  R<  L- n>  §  399- 
the  building  in  which  the  polling  place  is  located  or  on  the 
walls  thereof,  on  the  premises  on  which  the  building  stands, 
or  on  the  sidewalk  adjoining  said  premises,  shall  be  pun- 
ished by  a  fine  of  not  more  than  twenty  dollars. 

SECTION    433.      Whoever   wilfully    or   maliciously   in-  For  injuring 
jures  or  destroys  a  ballot  box  or  any  of  the  blank  forms  baUofbo?!118 
or  apparatus  furnished  to  a  city  or  town  under  sections  SjJ^Stus. 
two  hundred  and  seventeen  and  two  hundred  and  eighteen,  R-  L- n>  §  400< 
shall  be  punished  by  imprisonment  for  not  more  than  one 
year. 

SECTION  434.     Whoever  refuses  or  wilfully  neglects  to  For  refusal, 
comply  with  any  regulation  made  by  the  election  com-  ply  With50" 
missioners,  aldermen  or  selectmen  relative  to  the  manner  reTSive°to8 
of  receiving,  counting  and  returning  votes  cast  at  a  pri-  couentin|'or 
mary  or  election,  or  relative  to  the  use  of  seals  and  ballot  vo\e™etc 
boxes,  shall  be  punished  by  imprisonment  for  not  more  J^-  n-  §§  8« 
than  six  months.  i«>3.  454- 

SECTION   435.      Whoever   interferes,   or   aids   or   abets  For  interfcr- 

,,  .  .  .  ing  with  city 

any  person  in  interfering  with  an  election  commissioner,  or  town  clerk 
city  or  town  clerk,  or  election  officer,  in  the  performance  comndss?oner 


144  GENERAL   PENALTIES. 

m  the  per-        of  his  duties  shall  be  punished  by  imprisonment  for  not 

formance  of  , 

his  duties.        more  than  one  year. 

SECTION  436.     Whoever  prevents  a  supervisor  of  elec- 


,  etc'.,  tions  from  doing  anv  of  the  acts  authorized  by  section  two 

supervisor  01  -i    /•  /•     i  •  i  •      -i 

elections.          hundred  and  fourteen  of  this  chapter,  or  hinders  or  molests 

R.L.  11,  §402.   ,  .        .        ,    .  ,  fj  ,  . 

him  in  doing  any  such  acts,  or  aids  or  abets  in  preventing, 

hindering  or  molesting  him  in  doing  any  of  such  acts,  shall 

be  punished  by  imprisonment  for  not  more  than  one  year. 

For  printing  or       SECTION  437.     Whoever  prints  or  distributes  a  ballot 

bSiotsTnTio-    for  use  in  the  election  of  moderator  at  a  town  meeting  in 

SELL?!!,  I  los!  violation  of  section  three  hundred  and  seventy,  shall  be 

punished  by  imprisonment  for  not  more  than  sixty  days. 

For  defacing,         SECTION  438.     Whoever,  before-  a  primary  or  election, 

efc.^usts8'       wilfully  defaces  or  destroys  any  list  of  candidates  posted 

sSppUesaetcts'    un(ler  the  provisions  of  this  chapter,  or,  during  a  caucus, 

1903'  454*  4^4'  Primary  or  election,  wilfully  defaces,  tears  down,  removes 

or  destroys  any  card  of  instruction   or   specimen  ballot 

posted  for  the  instruction  of  voters,  or  during  a  caucus, 

primary  or  election,  wilfully  removes  or  destroys  any  of 

the  supplies  or  conveniences  furnished  to  .enable  a  voter 

to  prepare  his  ballot,  shall  be  punished  by  a  fine  of  not 

more  than  one  hundred  dollars. 

For  forging,  SECTION   439.     Whoever  forges   or  falsely  makes  the 

etc.,  indorse-  «•    •    *    «      5  in  -i  c    ^^          ^ 

pent,  destroy-  official  indorsement  on  any  ballot,  or  wilfully  destroys  or 
delaying'  de-  def  aces  a  ballot,  or  wilfully  delays  the  delivery  of  any  bal- 
bafiots°f  lots,  shall  be  punished  by  imprisonment  for  not  more  than 

E.  L.  11.1  405.  oneyear. 

For  obstruct-         SECTION  440.      Whoever  wilfully  and  without  lawful 

ing  or  delaying  1-1 

R0t£r'ii  §406  authority  obstructs  or  delays  a  voter  while  on  his  way  to 

''  the  polling  place  where  he  is  entitled  to  vote  or  while  he 

is  voting  or  attempting  to  vote,  or  aids  or  assists  in  any 

such  obstruction  or  delay,  shall  be  punished  by  imprison- 

ment for  not  more  than  one  year. 

For  interfering       SECTION  441.     Whoever  interferes  or  attempts  to  in- 

with  or  in-  ._  1  ...       .  _.          i  •      t_    11  • 

ducing  voter  to  teriere  with  a  voter  while  he  is  marking  his  ballot  or  is 

R.°L.  11,  §407.  within  the  space  enclosed  by  the  guard  rail,  or  endeavors 

to  induce  a  voter,  before  he  has  voted,  to  show  how  he 

marks  or  has  marked  his  ballot,  shall  be  punished  by  a 

fine  of  not  more  than  one  hundred  dollars. 

°rhict~        SECTION  442.     Whoever  wilfully  obstructs  the  voting 
408*  at  a  Primarv  or  election  shall  be  punished  by  a  fine  of  not 

more  than  one  hundred  dollars. 

abettininm°r  SECTION  443.  Whoever  aids  or  abets  a  person  who  is 
illegal  voting.  not  qualified  to  vote  at  a  primary  or  election  in  voting  or 


GENEKAL   PENALTIES.  145 

attempting  to  vote,  or  aids  or  abets  a  person  in  voting  or  ^  ii^§  409. 
attempting  to  vote  under  a  name  other  than  his  own,  or  in 
casting  or  attempting  to  cast  more  than  one  ballot  at  one 
time  of  balloting,  shall  be  punished  by  imprisonment  for 
not  more  than  one  year. 

SECTION  444.     Whoever  places  a  mark  against  a  name  baJJt^Smry 
on  a  ballot  not  cast  by  himself,  or  places  a  distinguishing  to  law.^    ^ 
mark  on  a  ballot  not  cast  by  himself,  except  as  authorized 
by  law,  shall  be  punished  by  imprisonment  in  jail  for  not 
more  than  three  years. 

SECTION  -145.     Whoever,  with  intent  to  defraud,  alters  For  altering, 

.  ' .  depositing  or 

a  ballot  cast  at  a  primary  or  election:  or,  with  such  intent,  removing 

,     ,,          .          ,     '',     ,,         ,  ,  .  ballot  with 

deposits  a  ballot  in  the  ballot  box  used  at  a  primary  or  intent  to  de- 
election,  or  in  an  envelope  provided  by  law  for  the  preserva-  RaL.'n,  §  411. 
tion  of  ballots  east  at  a  primary  or  election ;  or,  with  such  lj>03>  454t 
intent,  removes  a  ballot  from  any  such  ballot  box  or  en- 
velope, shall  be  punished  by  imprisonment  in  jail  for  not 
more  than  three  years. 

SECTION  446.    Whoever  removes  a  ballot  from  the  space  F°n  ™?loval  of 

/»i-i        ballot  irorn  en- 

enclosed  by  the  guard  rail  before  the  close  of  the  polls 
shall  be  punished  by  imprisonment  for  not  more  than  one 
year. 

SECTION"  447.     An  owner,  superintendent  or  overseer     , 
in  any  manufacturing,  mechanical  or  mercantile  establish-  U^JJJjl on  day 
ment,  except  such  as  may  lawfully  conduct  its  business  on  election. 

o        J  i  i  VL      A      i  i          J    xi          .       R.  L.  11,  §  413. 

Sunday,  who  employs  or  permits  to  be  employed  therein 
any  person  entitled  to  vote  at  a  state  election,  during  the 
period  of  two  hours  after  the  opening  of  the  polls  in  the 
voting  precinct  or  town  in  which  such  person  is  entitled  to 
vote,  if  he  shall  make  application  for  leave  of  absence 
during  such  period,  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars. 

SECTION  448.  Whoever,  by  threatening  to  discharge  a 
person  from  his  employment  or  to  reduce  his  wages,  or  by  thrJItsye 
promising  to  give  him  employment  at  higher  wages,  at-  &• 
tempts  to  influence  a  voter  to  give  or  to  withhold  his  vote 
at  an  election,  or  whoever,  because  of  the  giving  or  with- 
holding of  a  vote  at  an  election,  discharges  a  person  from 
his  employment  or  reduces  his  wages,  shall  be  punished  by 
imprisonment  for  not  more  than  one  year. 

SECTION  449.     Whoever  pays  or  gives,  or  directly  or  52tioSfry  * 
indirectly  promises  to  a  voter  any  gift  or  reward  to  in-  R- L-  n>  § ' 
fluence  his  vote  or  to  induce  him  to  withhold  his  vote,  shall 
be  punished  by  imprisonment  for  not  more  than  one  year. 


146  GENERAL   PENALTIES. 

co°ndSradteay  SECTION  450.  Whoever,  at  a  caucus,  primary  or  elec- 
caucus'or  tion,  behaves  in  a  disorderly  manner,  and,  after  notice 
ReLi(n  416  ^rom  the  presiding  officer,  persists  in  such  behavior  and 
iQos!  454.  '  refuses  to  withdraw  from  the  polling  place,  shall  be  pun- 

ished by  imprisonment  for  not  more  than  thirty  days. 
or0de?siSofbpriS5       SECTION  451.     Whoever  wilfully  disobeys  any  lawful 
toy,  caucus  or    command  of  an  election,  caucus  or  primary  officer  shall  be 

election  orhcer.  .,,,..  ,,  , 

R.  L.  11,  §417.  punished  by  imprisonment  for  not  more  than  thirty  days. 

For  not  re-  SECTION  452.     Whoever,  when  so  ordered  by  the  pre- 

SgarJISquor,'     siding  officer  of  an  election,  caucus,  primary  or  meeting, 

RCL  11  §418   re^llses   or  fails  to  remove  any  pipe,   cigar,   cigarette  or 

1903,  454.         liquor,  or  to  withdraw  from  the  polling  place,  as  provided 

by  section  two  hundred  and  fifty-six,  shall  be  punished  by 

a  fine  of  not  more  than  twenty   dollars. 

SECTION  453.     Whoever  gives  any  information  derived 


regarding  chai-  from  a  recount  of  votes,  relative  to  a  ballot  cast  by  a  chal- 

lenged votes.  1  7.  .  1-ni 

R.  L.  11,  §  419.  lenged  voter  at  an  election,  caucus  or  primary,  shall  be 

punished  by  imprisonment  for  not  more  than  one  year. 

provisions1??-         SECTION  454.     Whoever  violates  any  provision  of  law 

Tupt^factfces.  relating  to  corrupt  practices  in  elections  the  punishment 

1904'  3?5§  §4  7°'  ^or  wnich  ig  n°t  specially  determined  by  law,   shall  be 

punished  by  imprisonment  for  not  more  than  one  year  or 

by  a  fine  of  not  more  than  one  thousand  dollars. 

Enforcement          SECTION    455.      The   supreme   judicial   court    and   the 

of  provisions.  .       .     ,.      . 

R.  L.  11,  §421.  superior  court  shall  have  jurisdiction  at  law  or  in  equity 
454.  '  'or  by  mandamus  to  enforce  the  provisions  of  this  chapter. 

»07,  429,  §  3.  p0]-ce  Officers  an(j  constables  shall  arrest  without  a  war- 
rant any  person  detected  in  the  act  of  violating  the  caucus, 
primary  or  election  laws.  A  prosecution  for  the  viola- 
tion of  any  provision  of  this  chapter  shall  not,  unless  the 
purposes  of  justice  require  such  disposition,  be  placed  on 
file  or  disposed  of  except  by  trial  and  judgment  according 
to  the  regular  course  of  criminal  proceedings.  It  shall 
be  disposed  of  otherwise  only  upon  motion  in  writing 
stating  specifically  the  reasons  therefor  and  verified  by 
affidavit  if  facts  are  relied  on.  If  the  court  or  magistrate 
certifies  in  writing  that  he  is  satisfied  that  the  cause  relied 
on  exists  and  that  the  interests  of  public  justice  require  the 
allowance  of  the  motion  the  motion  shall  be  allowed  and 
the  certificate  of  the  court  or  magistrate  shall  be  filed  in 
the  case. 


EEPEAL    OF   FOEMER   STATUTES.  147 


REPEAL    OF   FORMER   STATUTES. 

SECTION  456.  Sections  one  to  four  hundred  and 
twenty-one,  inclusive,  and  section  four  hundred  and 
twenty-six  of  chapter  eleven  of  the  Revised  Laws;  chap- 
ters ninety,  three  hundred  and  forty-six,  three  hundred 
and  forty-eight,  four  hundred  and  ninety-two,  five  hun- 
dred and  six,  five  hundred  and  twelve,  five  hundred  and 
thirty-seven,  and  section  two  of  chapter  five  hundred  and 
forty-four,  of  the  acts  of  the  year  nineteen  hundred  and 
two;  chapters  two  hundred  and  seventy-nine,  three  hun- 
dred and  eighteen,  three  hundred  and  sixty-eight,  four 
hundred  and  twenty-five,  four  hundred  and  thirty,  four 
hundred  and  fifty,  four  hundred  and  fifty-three,  four  hun- 
dred and  fifty-four  and  four  hundred  and  seventy-four  of 
the  acts  of  the  year  nineteen  hundred  and  three ;  chapters 
forty-one,  one  hundred  and  seventy-nine,  two  hundred  and 
one,  two  hundred  and  forty-five,  two  hundred  and  seventy- 
five,  two  hundred  and  ninety-three,  two  hundred  and 
ninety-four,  three  hundred  and  ten,  three  hundred  and 
thirty-four,  three  hundred  and  seventy-five  and  three  hun- 
dred and  eighty  of  the  acts  of  the  year  nineteen  hundred 
and  four ;  chapters  one  hundred  and  eleven,  three  hundred 
and  thirteen,  three  hundred  and  eighteen,  three  hundred 
and  eighty-six  and  three  hundred  and  ninety-seven  of  the 
acts  of  the  year  nineteen  hundred  and  five ;  chapters 
seventy-six,  two  hundred  and  ninety-eight,  three  hundred 
and  eleven  and  four  hundred  and  forty-four  of  the  acts 
of  the  year  nineteen  hundred  and  six ;  chapters  three  hun- 
dred and  thirty,  four  hundred  and  twenty-nine  and  four 
hundred  and  sixty-eight  of  the  acts  of  the  year  nineteen 
hundred  and  seven;  and  all  other  acts  and  parts  of  acts 
inconsistent  herewith  are  hereby  repealed ;  but  such  re- 
peal shall  not  revive  any  law  heretofore  repealed  or  super- 
seded. Approved  June  26,  1907. 


148 


ELECTION   LAWS,   1907. 


ACTS  OF  1907  RELATING  TO  ELECTIONS  NOT 
INCLUDED  IN  CHAPTER  560. 


Nominations 
of  candidates 
for  senators  1st 
Hampden  and 
3d  Middlesex 
districts. 

Members  of 
state  com- 
mittees- 


Certain  pro- 
visions of  law 
to  apply. 


Chap.543  AN  ACT  RELATIVE  TO  THE  NOMINATION  OF  SENATORS  FROM 

THE  FIRST  HAMPDEN  DISTRICT  AND  FROM  THE  THIRD  MID- 
DLESEX DISTRICT  AND  TO  THE  ELECTION  OF  MEMBERS  OF 
STATE  POLITICAL  COMMITTEES  FROM  SAID  DISTRICTS. 

Be  it  enacted,  etc.,  as  follows: 

SECTION  1.  Nominations  by  political  parties  of  candi- 
dates for  state  senators  from  the  first  Hampden  district, 
and  the  third  Middlesex  district  shall  be  made  in  caucuses 
by  direct  plurality  vote. 

SECTION  2.  Members  of  state  political  committees  from 
the  senatorial  districts  named  in  section  one  shall  be  elected 
by  direct  plurality  vote  in  the  caucuses  held  for  nominating 
senators  from  the  said  districts. 

SECTION  3.  All  provisions  of  law  relative  to  caucuses 
of  political  parties  and  to  nominations  and  elections  in 
caucuses  by  direct  plurality  vote  and  to  ballots,  returns, 
and  the  duties  of  city  clerks  and  registrars,  so  far  as  they 
are  applicable,  shall  apply  to  caucuses  and  elections  held 
in  accordance  with  the  provisions  of  this  act. 

SECTION  4.  This  act  shall  take  effect  upon  its  passage. 

Approved  June  21,  1907. 

AN  ACT  RELATIVE  TO  THE  TERMS  OF  OFFICE  AND  SALARIES  OF 
ASSESSORS,  EXCEPT  IN  THE  CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

SECTION  1.  Each  assessor  in  every  city  and  town  of  the 
Commonwealth,  except  in  the  city  of  Boston,  shall  be 
elected  or  appointed  to  hold  office  for  the  term  of  three 
years  and  until  his  successor  is  duly  elected  or  appointed : 
provided,  that  where  the  number  of  assessors  is  fixed  at 
three,  there  shall  be  elected  or  appointed  one  for  a  term  of 
three  years,  one  for  a  term  of  two  years,  and  one  for  a  term 
of  one  year ;  where  the  number  is  fixed  at  five,  there  shall 
be  elected  or  appointed  one  for  a  term  of  one  year,  two  for 


Chap.579 


Assessors, 
except  in 
Boston,  elec- 
tion, terms  of 
office,  etc. 


ELECTION   LAWS,   1907.  149 

the  terms  of  two  years  and  two  for  the  terms  of  three  years  ; 
where  the  number  of  assessors  is  seven,  there  shall  be 
elected  or  appointed  two  for  terms  of  one  year,  two  for 
terms  of  two  years  and  three  for  terms  of  three  years; 
where  the  number  of  assessors  is  nine,  there  shall  be  elected 
or  appointed  three  for  terms  of  one  year,  three  for  terms 
of  two  years  and  three  for  terms  of  three  years  ;  and  annu- 
ally thereafter  there  shall  be  elected  or  appointed  one,  two 
or  three  for  terms  of  three  years,  as  the  term  of  office  of 
one,  two  or  three  expires.  But  this  proviso  shall  not  apply 
to  cities  and  towns  in  which  the  three  year  term  for  assess- 
ors is  already  established. 

SECTION  2.     This  act  shall  take  effect  on  the  first  day  of  JJJjg  to  take 
January  in  the  year  nineteen  hundred  and  eight. 

"  Approved  June  28,  1907. 

AN  ACT  TO  PROHIBIT  THE  PUBLICATION  OF  UNSIGNED  POLIT- 
ICAL  ADVERTISEMENTS  AND  THE  MAKING,  BY  CERTAIN  COR- 
PORATIONS, OF  POLITICAL  CONTRIBUTIONS. 

Be  it  enacted,  etc.,  as  follows: 

SECTION  1.  No  person  shall  publish  or  cause  to  be  pub-  Publication  of 
lished  in  a  newspaper  or  other  periodical,  either  in  its  ad-  JJSJtSSii  adver- 
vertising  or  reading  columns,  any  paid  matter  which  is 
designed  or  tends  to  aid,  injure,  or  defeat  any  candidate 
for  public  office  unless  the  name  of  the  chairman  or  secre- 
tary or  the  names  of  two  officers  of  the  political  or  other 
organization  inserting  the  same;  or  the  name  of  some  voter 
who  is  responsible  therefor,  with  his  residence  and  the 
street  and  number  thereof,  if  any,  appear  therein  in  the 
nature  of  a  signature.  Such  matter  inserted  in  reading 
columns  shall  be  preceded  or  followed  by  the  word  "  Adver- 
tisement "  in  a  separate  line,  in  type  not  smaller  than  that 
of  the  body  type  of  the  newspaper  or  other  periodical. 

SECTION  2.    No  person  shall  pay  the  owner,  editor,  pub-  Payment  to 
lisher,  or  agent  of  a  newspaper  or  other  periodical  to  induce  S^newspipe 
him  editorially  to  advocate  or  oppose  any  candidate  for  locating  or 
public  office  or  political  principle;   and  no  such  owner, 
editor,  publisher,  or  agent  shall  accept  such  payment.    This 
provision  shall  not  apply  to  the  outright  purchase  of  such 
newspaper  or  periodical. 

SECTION  3.  No  corporation  carrying  on  the  business  of 
a  bank,  trust,  surety,  indemnity,  safe  deposit,  insurance, 
railroad,  street  railway,  telegraph,  telephone,  gas,  electric  contributions. 


eteo~ 


150 


ELECTION   LAWS,    1907. 


Penalty. 


When  to  take 
effect. 


light,  heat,  power,  canal,  aqueduct,  or  water  company,  or 
any  company  having  the  right-  to  take  or  condemn  land  or 
to  exercise  franchises  in  public  ways  granted  by  the  Com- 
monwealth or  by  any  county,  city  or  town,  and  no  trustee 
or  trustees  owning  or  holding  the  majority  of  the  stock  of 
such  a  corporation,  shall  pay  or  contribute  in  order  to  aid, 
promote,  or  prevent  the  nomination  or  election  of  any 
person  to  public  office,  or  in  order  to  aid,  promote  or  antag- 
onize the  interests  of  any  political  party,  or  to  influence 
or  affect  the  vote  on  any  question  submitted  to  the  voters. 
No  person  shall  solicit  or  receive  such  payment  or  contribu- 
tion from  such  corporation  or  such  holders  of  stock. 

SECTION  4.  Any  corporation  which  violates  any  provi- 
sion of  this  act  shall  be  punished  by  a  fine  of  not  more  than 
ten  thousand  dollars,  and  any  officer,  director  or  agent  of  a 
corporation  violating  any  provision  of  this  act,  who  au- 
thorized such  violation,  or  any  person  who  violates,  or  in 
any  way  knowingly  aids  or  abets  the  violation  of,  any  pro- 
vision of  this  act,  shall  be  punished  by  a  fine  of  not  more 
than  one  thousand  dollars,  or  by  imprisonment  for  not  more 
than  one  year. 

SECTION  5.  This  act  shall  take  effect  on  the  first  day  of 
October  in  the  year  nineteen  hundred  and  seven. 

Approved  June  28,  1907. 


INDEX 


INDEX. 


A. 

PAGE 

Acceptance  of  nomination  by  candidates,  .          .          .          .  .          .  49,  67 

Affidavit,  penalty  for  making  a  false,  .......       141 

Affidavits,  taken  by  assessors  to  be  preserved  for  two  years,          ...          12 

Aldermen,  duties  of,  in  relation  to  the  division  of  cities  into  voting  precincts,  72,  73 

to  designate  and  furnish  polling  places  in  each  precinct,      .          .          .78,  79 

to  post  printed  description  of  polling  places,      .          .          .          .  79 

may  make  regulations  as  to  use  of  seals,  ballot  boxes,  counting  appa- 
ratus, etc.,  receiving  and  returning  votes,  .          .          .  .  9 

to  call  meetings  for  elections,  .          .          .          .          .          .  90,  111 

to  examine  returns  of  elections,  etc.,          ......       100 

to  make  duplicate  certificates  of  election  of  representative  in  general 

court, 106 

to  certify  copies  of  records  of  votes,  .....         100,  101 

to  declare  result  of  election,     .          .          .          .          .          .          .          .110 

to  provide  polling  places  for  caucuses,       .          .          .          .          .          .  45,  48 

(See  also  Mayor  and  aldermen,  and  Election  Commissioners.) 
Aldermen  at  large,  number  of  ward  in  which  candidate  resides,  to  be  upon  cer- 
tificate of  nomination,  nomination  paper  and  ballot,    .          .          .66,  84 
Alphabetical  list  of  voters.     (See  Lists  of  voters,  and  Voting  lists.) 
Amended  returns  of  votes  to  be  made,        ....  100,  104,  106,  109 

Amendment  to  the  constitution,  proposed,  preparation,  publication,  posting, 

etc.,        .          .          .  .          .  ...      87-89,  91 

copy  of,  to  be  printed  in  notice  or  warrant  calling  meeting  at  which  it 

is  to  be  voted  on,     .          .          .          .          .          .          .          .          .91 

question  of  approval  of,  to  be  printed  on  ballot,          .          .          .          .         85 

Announcement  of  result  of  vote,         .          .          .          .          .          .          .  98,  126 

Annual  meeting  of  each  town  to  be  held  in  February,  March  or  April,   .          .       124 
Annual  register  of  voters,  to  be  kept,  .......         20 

preparation  of ...........  20-25 

names  entered  in,  to  be  posted,  etc.,          ......         26 

additional  names  entered  in,  to  be  posted  or  published,  etc.,        .          .         27 
Annual  state  election  to  be  held  on  the  Tuesday  next  after  the  first  Monday  in 

November,       ........  90 

Anonymous  circulars  or  posters,  protection  of  candidates  against,  .       143 

publications  prohibited,  .....  149,  150 

Apparatus,  for  use  at  elections,  to  be  provided  by  the  secretary  of  the  com- 
monwealth,    .          .          .          .  .         .         .         •          .79 


INDEX. 

PAGE 

Apparatus,  for  use  at  elections,  care,  custody,  repairs  and  improvement  of,  .         80 
to  be  used  where  official  ballots  are  used,  .....         97 

if  impossible  to  use,  proceedings  to  be  as  presiding  officer  shall  direct,    .         97 
penalty  for  injuring  or  destroying,    .          .          .          .          .          .          .143 

Applicants  for  registration.     (See  Registration  of  voters.) 

Applications,  certificates  or  affidavits  taken  by  assessors  to  be  preserved  for 

two  years,        ..........         12 

Arrangement  of  names  upon  ballots,  ......      52,  84-86 

Arrest  of  persons  for  disorderly  conduct,  etc.,  at  polls,  ....         94 

Assessed  polls,  list  of,  assessors  to  make,  post,  etc.,      ....  12 

correction  of  errors  in,     .          .          .          .          .          .          .          .  n 

penalty  on  assessors  for  making  false  entry  on,  .          .          .          .136 

street  lists  of,  assessors  of  cities  and  certain  towns  to  make  and  distrib- 
ute,        ...........         12 

number  of,  to  be  returned  to  the  secretary  of  the  commonwealth,         .         28 
Assessment  of  taxes,  upon  polls  and  estates,        ......   11-14 

errors  in,  to  be  corrected,         .          .          .          .          .          .          .          .11 

of  persons  omitted  from  lists  of  assessed  polls,  .          .          .          .          .  12,  13 

of  male  persons  moving  into  a  city  or  town  after  May  1,     .          .          .         13 
Assessment  of  voters,  evidence  in  prosecution  for  violation  of  laws  relating  to,  9 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,     120,  121 
term  defined,    .........  5 

town,  election,  term  of  office,  etc.,    ....    127,  129-133,  148,  149 

failure  to  elect,  vacancy,  etc.,  ......        134,  135 

selectmen  to  act  as,  if  town  so  votes,         .          .          .          .          .          .131 

notices  of,  relating  to  elections,  place  of  posting,         ....  8 

to  make  list  of  persons  assessed,  etc.,         ......   11-13 

to  correct  errors  in  names  and  residences,  etc.,  .          .          .          .         11 

applications,  certificates  and  affidavits  taken  by,  to  be  preserved  for 

two  years,        ..........         12 

to  transmit  to  registrars  list  of  persons  assessed,  etc.,  .          .          .         12 

to  notify  collector  of  changes  in  lists  etc.,  ....  12 

to  furnish  information  necessary  to  aid  registrars,  etc.,        ...         12 
to  make  street  lists  of  assessed  polls  in  cities  and  certain  towns,  etc.,   .         12 
to  assess  voter  not  previously  assessed,  etc.,       .          .          .          .          .  12,  13 

to  give  certificate  to  person  who  has  been  assessed,  etc.,      .          ...         13 

proceedings  upon  failure  to  perform  duties,        .....       134 

penalty  for  making  false  list  of  assessed  polls,  etc.,     ....       136 

penalty  for  giving  false  information  to,  etc.,       .....       140 

penalty  for  refusing  to  give  information  to,        .          .          .          .          .140 

to  assess  persons  not  assessed  May  1,         .          .          .          .          .          .  12,  13 

to  require  proof  of  residence  in  such  cases,         .          .          .          .          .  12,  13 

to  hold  session  for  assessment  of  such  persons,  .....         13 

to  keep  records  of  applicants  and  witnesses,       .          .          .          .          .13 

to  post,  in  places  of  assessment,  laws  prescribing  penalties  for  illegal 

registration,  etc.,      .          .          .          .          .          .          .          .          .         13 

to  inquire  as  to  residence  of  women  voters  of  previous  year,         .          .         11 


INDEX.  155 

PAGE 

Assessors,  to  make  list  of  such  voters  so  found,    .          .          .          .          .          .11 

to  transmit  same  to  registrars  of  voters,    .          .          .          .          .          .         12 

Assistant  assessors,  election,  etc.  (see  also  Assessors),  .....       127 

Assistant  registrars  of  voters  in  cities,  appointment,     .          .          .          .          .  17,  18 

powers,  duties,  etc.,         .          .          .          .          .          .          .          .          .  17,  18 

qualifications,  removal,  vacancy,  etc.,        ......  17,  18 

not  to  hold  certain  other  office,         .          .          .          .          .          .          .  17,  18 

in  Boston,     .' 33,  34,  36 

Associate  commissioners,  election,  etc.  (see  also  County  Commissioners),    90,  122,  123 
Attorney-general,  to  be  elected  annually  on  the  Tuesday  next  after  the  first 

Monday  in  November,      .          .          .          .          .          .          .  90,  121 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,    ...       101 

with  secretary  to  approve  blank  forms  for  statements  of  election  ex- 
penses, etc.,     ..........       119 

to  be  notified  of  defective  statements  of  election  expenses,  .          .       118 

to  prosecute  in  certain  cases,  .          .          .          .          .          .          .          .118 

to  attend  certain  inquests  in  election  cases,  etc.,         ....       120 

Auditor,  state,  to  be  elected  annually  on  the  Tuesday  next  after  the  first 

Monday  in  November,      .          .          .          .          .          .          .  90,  121 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth, .....  .  ...       101 

with  secretary  and  treasurer  to  approve  blank  forms  for  canvass  and 

count  of  votes,         .........         80 

Auditors,  town,  number,  election,  term  of  office,  etc.,  ....         127,  130 

to  hold  no  other  town  office,    .          .          .          .          .          ...       127 

failure  to  elect,  vacancy,  etc.,  ......        133,  135 

B. 

Ballot  boxes,  to  be  approved  by  board  of  voting  machine  examiners,     .      79,  81,  82 
persons  of  whom  purchased  to  give  bond  to  keep  in  working  order  for 

two  years  and  to  defend  against  suits,  .....  82,  83 
to  be  furnished  by  secretary  at  expense  of  the  commonwealth,  .  .  79 
secretary  of  the  commonwealth  to  make  regulations  for  the  use  of,  .  83 
board  of  aldermen,  election  commissioners  and  selectmen  may  make 

regulations  relative  to  use  of,     .....  9 

presiding  officer  to  have  charge  of,   ......  92 

replacing  defective,  etc.,  ........         80 

care,  custody,  repair  and  improvement  of,          .....         80 

to  be  used  at  certain  elections,          .....  .92 

record  of  condition  of  registers  of,  to  be  made  by  clerks,     .  .         92 

at  opening  of  polls,  to  be  opened  and  examined,  etc., 

not  to  be  opened  except  to  press  down  ballots  to  make  room,  except  in 

certain  towns,  ..... 

if  impossible  to  use,  voting  shall  proceed  as  presiding  officers  direct,     .         92 
penalty  for  injuring  or  destroying,    .......       143 


156  INDEX. 


Ballot  boxes  and  voting  lists,  officers  in  charge  of,  respectively,  to  be  of  differ- 
ent political  parties,          ........         93 

Ballot  clerks,  appointment,  duties,     .  .          .          .          .          .      76,  77,  94 

inspectors  to  act  as,  duties  of,  .......         76 

Ballot  law  commission,  state,  appointment,  powers,  duties,  compensation,  68,  70,  71 
in  Boston,  board  of  election  commissioners  to  constitute,  ...  34 
in  cities,  except  Boston,  board  of  registrars,  city  clerk  and  city  solicitor 

to  act  as, .          .         68 

in  towns,  board  of  registrars  to  act  as,      .          .          .          .          .          .68 

powers  and  duties,  .          .          .          .          .          .          .          .          .  68,  69 

Ballots,  evidence  in  prosecution  for  violation  of  laws  relating  to,  .          .          .  9 

appointment  of  tellers  in  towns  to  assist  in  canvassing  and  counting,    .         77 
preparation,  printing  and  distribution  of,  at  public  expense,         .          .  83-87 
not  to  be  printed  in  any  printing  establishment  owned  or  managed 

by  the  city  of  Boston,      ........         52 

paper,  size,  form,  type,  etc.,    ........         86 

general,  for  use  of  male  voters,  description  of,  etc.,     .  .          .  83-87 

arrangement  of  names  upon,    .          .          .          .          .          .          .          .  84-86 

number  of,  to  be  furnished,      .          .          .  .          .          .          .86 

to  be  enclosed  in  sealed  packages,  etc./     .          .          .          .          .          .  88,  89 

delivery  of,  to  cities  and  towns,        .......         89 

delivery  of,  to  election  officers,          .......         89 

record  of  number  of,  etc.,  to  be  preserved,          .....         87 

to  be  arranged  in  packages,     ........         87 

at  certain  town  elections,  not  to  be  delivered  to  voters  until  moderator 

is  chosen, 89,  90 

not  to  be  removed  from  space  enclosed  by  guard  rail  before  polls  are 

closed,    ...........         96 

to  be  deposited  in  state  ballot  boxes,         ......         92 

counting  of,  when  voting  is  in  progress,     .          .          .          .          .          .98 

statement  of  number  of,  cast,  not  to  be  made  by  officers  before  the 

public  declaration,  .........         93 

marking,  etc.,  of,  by  voter,      ........  94-97 

manner  of  depositing,  in  ballot  box,  .          .          .          .  .96 

cast  by  voters  whose  right  to  vote  is  challenged,         .          .          .          .  96,  97 

spoiled,  to  be  returned,  others  may  be  furnished,  etc.,         ...         96 
blank  forms  and  apparatus  to  be  used  in  the  count  and  canvass  of,      .         97 
count  and  canvass  of,  etc.,       .....          .          .  97-100 

at  close  of  polls,  to  be  audibly  counted  and  whole  number  announced,  .         97 
to  be  kept  in  open  view  of  voters  until  enclosed  and  sealed  up,    .          .         98 
defective,  not  to  be  counted,  to  be  preserved,    .....         99 

not  cast,  to  be  enclosed  in  envelope  and  sealed,  .          .          .          .99 

to  be  sealed  up  and  endorsed  by  election  officers  after  having  been 

counted,  etc.,  .........         99 

to  be  transmitted,  sealed,  to  city  or  town  clerk  or  election  commis- 
sioners, ...........         99 

to  be  retained  the  required  time,  and  then  destroyed  without  exami- 
nation,  ...........       100 


INDEX.  157 


Ballots,  whole  number  of,  cast,  to  be  stated  in  words  at  length  in  records  and 

copies  of  records,     .          .          .          .          .          .          .          .        106,  107 

to  be  retained  until  a  contested  election  is  determined,  etc.,         .          .       107 
to  be  used  in  the  election  of  moderator,    .          .          .          .          .          .130 

to  be  used  in  certain  towns  in  taking  the  vote  upon  the  question  of 

granting  liquor  licenses,  .          .          .          .          .          .          .          .132 

partial,  for  the  use  of  voters  who  are  entitled  to  vote  for  a  part  only  of 

the  officers  to  be  voted  for,        .......         87 

substitute,  to  be  prepared  and  furnished  by  city  or  town  clerks,  or 

election  commissioners,     ........         90 

specimen,  to  be  prepared  and  furnished,  .....  87,  135 

specimen,  to  be  posted,  ........  91,  135 

special,  for  use  of  women  in  voting  for  school  committee,  description 

of,  etc.,  ....  ....    85.  86,  133 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,  .  120 
penalty  for  reading  or  examining,  by  presiding  officer  of  town  meeting,  138 
penalties  for  violating  provisions  regarding  printing  and  distributing,  .  144 
penalties  for  altering,  depositing  or  removing,  with  intent  to  defraud,  .  145 
penalty  for  fraudulent  marking  of,  or  placing  distinguishing  mark  on,  .  145 
may  be  taken  from  ballot  box  during  voting,  in  certain  towns,  .  .  98 
for  town  officers,  in  towns  divided  into  precincts,  how  canvassed,  .  133 
for  candidates,  delegates,  etc.,  in  caucuses  and  primaries,  .  45,  52,  53,  58,  62 

Ballots,  recounts  of,          .........          107-110 

interested  candidates,  etc.,  to  be  notified  and  may  be  present  at,         108,  109 
to  be  made  by  registrars  of  voters,  or  election  commissioners,      .          .       108 
in  certain  cases,  to  be  made  by  moderator,         .....       108 

to  be  only  on  questions  designated  in  statement,        ....       109 

Ballots  for  caucuses  (at  which  official  ballots  are  used),  preparation  of,  .  52,  53 

delivery  of,  at  polling  place,     ........         53 

form,  number,  arrangement  of  names,  etc.,        .          .          .          .          .  52,  53 

to  contain  statement  regarding  candidate,          .          .  .          .52 

to  have  blank  spaces  for  insertion  of  names,      .          .          .          .          .  52,  53 

how  marked  by  voter,     .          .          .          .          .          .  .          .53 

facsimile  copies  to  be  furnished,        .  .          .          .          .          .52 

facsimile  copies  to  be  posted  in  polling  places,  .....         53 

Ballots  cast  in  caucuses  (at  which  official  ballots  are  used)  not  to  be  counted 

until  polls  are  closed,         ........         54 

to  be  counted  in  full  view  of  voters,  ......         54 

by  challenged  voter,  no  information  to  be  given  relative  to,         .          .         54 
to  be  transmitted  to  city  or  town  clerk  or  election  commissioners,        .         54 
to  be  preserved,  etc.,       .          .          .          .          .          .          .          .          .  54,  55 

recount  of,     ...........         55 

Ballots  cast  in  caucuses  (at  which  official  ballots  are  not  used)  to  be  trans- 
mitted to  city  or  town  clerk,      ....  .45 

to  be  preserved,      ........  .45 

recount  of,     ...........         46 

Ballots  for  primaries,  preparation  of,  etc.,  .......         58 

Ballots  cast  at  primaries,  counting  and  recounting  of,  ....         58 


158  INDEX. 


Blank  forms,  envelopes,  etc.,  for  returns  to  be  furnished  by  the  secretary  of 

the  commonwealth  and  clerks  of  the  courts,         ....         80 

Blank  forms  for  the  count  and  canvass  of  votes,  to  be  provided  by  the  secre- 
tary of  the  commonwealth,        .......         80 

to  be  used  at  elections  when  official  ballots  are  used,  .          .          .97 

proceedings  when  impossible  to  use,  .          .          .          .          .          .97 

penalty  for  injuring  or  destroying,    .          .          .          .          .          .          .143 

Board  of  aldermen.     (See  Aldermen,  board  of.) 

Board  of  examiners,  for  each  county  except  Suffolk  and  Nantucket,  .  .  104 
to  examine  votes  for  county  commissioners,  file  returns  in  clerk's 

office,  notify  persons  elected  and  secretary  of  the  commonwealth,       104 
may  order  new  returns  if  original  appear  to  be  incomplete  or  errone- 
ous,           ....         104,  105 

may  recount  ballots  for  county  and  associate  commissioners,       .          .       107 
not  to  give  information  regarding  ballot  cast  by  challenged  voter,        .       110 
to  issue  precepts  for  election  in  case  of  failure  to  elect  or  vacancy  in 
office  of  county  commissioners  or  associate  commissioners,  and 
notify  secretary  of  the  commonwealth,        .          .          .          .         112,  113 

to  send  copy  of  precept  to  the  secretary  of  the  commonwealth,    .          .113 
penalties  on,  .........        138,  139 

Boards  of  health,  in  towns,  election,  terms  of  office,  etc.,       .          .  128,  129-132 

in  certain  towns  to  contain  physician,       .          .          .          .          .          .128 

selectmen  to  constitute  board,  if  none  is  chosen,         .          .          .          .128 

Books  for  registration  to  be  furnished  by  secretary  of  the  commonwealth,  at 

cost, 20 

Boston,  city  of,  election  commissioners  in,  appointment,  term,  etc.,  .  8,  9,  33-37 
election  commissioners  to  constitute  the  Boston  ballot  law  commission,  34 
list  of  persons,  twenty  years  of  age  or  upwards  and  women  voters  in, 

how  made, .          .  29,  30 

no  person  to  be  listed  in,  later  than  September  20,     .          .          .          .         31 

lists  of  inmates  of  institutions  in,  to  be  transmitted  to  election  commis- 
sioners, .          ..........         14 

assistant  registrars  of  voters  in,  .          .          .          .          .          .  33,  34 

listing  and  registration  of  voters  in,  ......  29-37 

street  lists  of  registered  voters  to  be  made  in,    .          .          .          .          .  26,  37 

posting  of  voting  lists  in,          ........         26 

copies  of  voting  lists  to  be  prepared  for  distribution,  ...         37 

conventions  to  nominate  candidates  for  school  committee  in,      .          .         63 
election  officers  in,  appointment,  removal,  etc.,  ....   74-78 

voter  to  write  his  name  upon  request,       .          .          .          .          .          .37 

time  for  filing   certificates  of  nomination  and  nomination  papers  in, 

before  elections,        .........         67 

notices  of  meetings  for  elections  in,  .          .          .          .          .          .91 

primaries  in  (see  also  Primaries),      .......   56-61 

(See  also  Election  commissioners.) 
Bribery  at  elections,  punishment  for,  .  145 


INDEX.  159 


C. 


PAGE 


Calling  of  caucuses,  .          .  .          .          .      40,  41,  45,  47,  48,  61 

Calling  of  primaries,          ..........         58 

Candidates,  names  of.     (See  Names  of  candidates.) 

nomination  of,  blank  forms  for,  to  be  furnished  by  the  secretary  of  the 

commonwealth,        ..........         70 

nomination  of,  by  caucus,        ......          40-56,  61,  62 

nomination  of,  by  primaries,    .          .          .          .          .  .          .58 

nomination  of,  by  convention,  .......  62-64 

may  be  nominated  by  roll  call,         .          .          .  .          .          .  63,  64 

nomination  of,  by  individual  voters,          ......  64-66 

nomination  of,  by  direct  plurality  vote,    ......         63 

nomination  of,  to  fill  vacancy  caused  by  withdrawal,  ineligibility  or 

death,     .  49,  69,  70 

political  or  other  designation  of,       .....         66,  67,  69,  84 

to  file  written  acceptance  of  nomination  when  nominated  by  nomina- 
tion papers,     .          .          .          .          .          .          .          .          .          .  49,  67 

may  withdraw  names  from  nomination;  time,  etc.,    ....         69 

to  be  notified  of  objections  to  nomination,          .          .          .          .          .69 

names,  residences,  etc.,  of,  to  be  placed  upon  ballots,          .          .          .  83-86 
protection  of,  against  anonymous  circulars  and  posters,       .          .          .       143 
number  of  names  of,  with  same  political  designation,  ...         69 

lists  of,  to  be  posted  and  published,  .          .          .          .          .          .  87,  88 

to  be  voted  for,  not  eligible  as  election  officers  or  supervisors  of  elections,  76,  78 
receiving  the  highest  number  of  votes  to  be  declared  elected  or  nomi- 
nated,      7,  38,  42,  64 

not  to  serve  as  caucus  officers,          .......  45,  56 

claiming  an  election,  to  serve  notice  on  clerk  of  intention  to  contest,  etc.,       107 
for  presidential  electors,  receiving  not  less  than  one  fifth  of  votes,  may 

apply  to  supreme  judicial  court  for  declaration  of  election,  .          .       103 
to  be  notified  and  may  be  present  at  recount  of  ballots,      .          .         108,  109 
for  public  office,  payment,  etc.,  of  money  by,  to  aid  nomination  or  elec- 
tion, etc.,         .  ...  .  114-120 

promise,  etc.,  of  appointment,  etc.,  by,  to  aid  nomination  or  election, 

etc.,        .  114,  115 

may  incur  and  pay  personal  expenses,  etc.,        .          .          .          .          .115 

may  make  voluntary  payment,  etc.,  of  money,  etc.,  to  political  com- 
mittees, etc.,  ..........       115 

penalties  on,  for  violations  of  provisions  relative  to  corrupt  practices 

and  election  expenses,       ........       146 

to  be  notified  of  errors  in  statement  of  election  expenses,  .          .          .       118 
may  be  nominated  at  adjourned  caucus,  in  case  of  tie  vote,          .          .        42 
information  regarding,  may  be  put  upon  nomination  papers  and  ballots,  50,  52 
in  caucuses  and  primaries,        ....  49,  50,  52 

names  of,  how  arranged,  on  ballots,  .          .          .          .52,  53,  58,  84-86 

may  withdraw  from  nomination,      .          .          .          .          .          .          .  51,  69 


160  INDEX. 

PAGE 

Canvass  of  votes,     ..........  97-100 

Canvassing  boards  in  Suffolk  senatorial  districts,  how  constituted,  .  .  43 
to  furnish  certificates  of  election  to  members  elect  of,  and  notify  state 

committee,      ..........         43 

Cards  of  instruction,  to  be  prepared  and  furnished,      ...          .          .          .         87 

to  be  posted  up  in  polling  places,  etc.,       .          .          .          .          .          .  91,  92 

Caucus,  term  defined,        .          .          .          .          .          .          ...          .          .  5 

no  person  to  take  part  in,  whose  name  does  not  appear  upon  voting  list,        42 
Caucus  officers,  term  denned,    ......"...  5 

appointment  of,  for  first  caucus,  when  official  ballots  are  used,    .          .         56 
election,  qualifications,  duties,  terms  of  office,  etc.,     .          .          .          .  55,  56 

to  serve  at  caucuses  held  for  the  choice  of  delegates  to  conventions  to 

elect  delegates  to  national  conventions,  appointment,  etc.,    .          .         44 
vacancy,  how  filled,         .          .          .          .          .          .          .  .  42,  56 

certain  persons  ineligible,         ........  45,  56 

not  to  give  information  regarding  challenged  vote,     ....         54 

penalties  upon,  for  violation  of  law,  .          .          .          .          .         137-139 

Caucuses,  calling  of,  .  .  .  .  .  .  .  .  40,  41, 44-48 

notices  of, 41,45-48,61 

in  Suffolk  county  to  be  held  on  the  sixth  Tuesday  preceding  the  elec- 
tion,       .          .          .          .          ...          .          .          .          .          .40 

secretary  of,  to  file  certificate,  .......         64 

polling  places  to  be  provided  for,      .......  45,  48 

voting  at,  may  proceed  in  two  or  more  lines  in  certain  cases,       .          .         48 
voting  list  for  use  at,       .          .          .          .          .          .          .          .          .28 

ballot  to  be  taken  for  choice  of  any  candidate,  delegate  or  member  of  a 

political  committee,  ........         45 

entitled  to  make  nominations,  etc.,  ......         40 

nomination  of  candidates  by,  .  .          .          .          .          .  40-62 

presiding  officers  and  secretaries  of,  to  sign  certificates  of  nomination, 

etc.,  .  ...  64 

blank  certificates  of  nomination  to  be  furnished  for  use  of  presiding 

officers  and  secretaries  of,  .......         70 

may  provide  for  rilling  of  vacancy  caused  by  withdrawal,  ineligibility 

or  death  of  candidate,       .          .          .          .          .          .          .          .69 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,  120,  121 
evidence  in  prosecutions  for  violation  of  laws  relating  to,  .  .  .  9 

provisions  relative  to  corrupt  practices  and  election  expenses,  applicable 

to,  120 

penalty  for  illegal  voting  at,    .          .          .          .          .          .          .          .139 

penalty  on  officers,  etc.,  .          .          .          .          .  .          137-139 

to  be  called  by  state  committee,       .......         40 

relating  to  city  or  town  elections  to  be  called  by  city  or  town  committee,        47 
different  political  parties  not  to  hold,  on  same  day,    .          .          .          .  41,  47 

choice  of  day  given  to  party  first  filing  copy  of  call,  .          .          .          .  41,  47 

hour  to  be  not  later  than  8  o'clock  P.M.,    ......         45 

hour  not  to  be  earlier  than  2  o'clock  P.M.,  or  later  than  7.30  o'clock  P.M.,  48 


INDEX.  161 


Caucuses,  persons  receiving  the  highest  number  of  votes  in,  to  be  declared 

elected  or  nominated,       .          .          .          .          .          .          .          .  42,  63 

may  adjourn  in  certain  cases,  .          .          .          .          .          .  .42 

relative  to  special  elections,     ........         41 

may  be  called  to  consider  adoption  of  provisions  of  law  for  the  use  of 

official  ballots, 46,  47 

polls  to  be  kept  open  at  least  one  hour,     ......        47 

acceptance  may  be  revoked  after  one  year,  how,         ....        47 

ballots  and  voting  lists  to  be  preserved,    ....  45,  46,  54,  55,  62 

notices  of  intention  to  contest  elections  or  nominations  by,          .          .         46 
at  which  official  ballots  are  used,      .......  46-56 

at  least  twenty-five  voters  to  take  part  in  certain,      ....         61 

all  of  one  party,  relating  to  city  or  town  election,  to  be  held  on  same  day 

in  certain  cases,       .........         47 

time  of  calling,       .          .          .          .      '    .          .          .       40,  41,  45,  47,  48,  61 

order  of  business,  ........          45,  53,  54,  62 

time  of  closing  polls,        .........         53 

voting  lists  to  be  used,    .........         42 

challenging  of  votes  in,  .          .          .          .  .          .          .          .  42,  54 

ballots  to  be  counted  in  full  view  of  voters,        .....         54 

vote  in,  to  be  publicly  announced,    .......         54 

recount  of  ballots  cast  in,  .          .          .          .          .          .          .  46,  55 

precinct,  appointment  of  officers  to  serve  at,      .          .          .          .          .56 

returns  of,     ...........         64 

returns  to  be  tabulated  by  city  or  town  clerks,  ....         64 

city  or  town  clerk  to  issue  certificates,  and  notify  committees  of  elec- 
tion of  delegates  and  members  of  ward  and  town  committees,       .         64 
returns  of,  at  which  are  made  direct  nominations,  etc.,        .          .          .43,  44 
Caucuses,  joint.     (See  Primaries.) 
Certificates,  applications  or  affidavits  taken  by  assessors,  to  be  preserved  for 

two  years,        ..........         12 

complaints,   etc.,    relating   to   registration,   to   be  preserved   for   two 

years, 25 

of  right  to  vote,  to  be  given  by  the  registrars  of  voters,  etc.,        .          .         27 
to  be  attached  to  the  voting  list,  etc.,       ......        27 

to  be  made  after  counting  ballots,    .......         99 

to  be  made  after  recount  of  ballots,  ......       109 

Certificates  of  election,  governor  to  issue,  etc.,     ......       102 

secretary  of  the  commonwealth  to  transmit,  to  persons  elected,   .          .102 
of  representatives  in  general  court,  form  of,       .....       106 

to  be  made  and  transmitted  in  duplicate,  .....       106 

to  be  issued  by  city  clerk  or  election  commissioners  upon  expiration  of 

time  for  recount  of  ballots,         .          .          .          .          .          .          .110 

to  be  sent  to  delegates  to  conventions,  members  of  committees  and 

caucus  officers,          ......  .  42,  43 

Certificates  of  nomination  of  candidates,  blank  forms  of,  to  be  furnished  by 

the  secretary  of  the  commonwealth,  .....         70 


162  INDEX. 


Certificates  of  nomination  of  candidates,  for  representative  to  general  court, 

blank  forms  to  be  sent  to  city  and  town  clerks,  etc.,    ...         70 
form,  contents,  etc.,        .          .          .          .          .          .          .          .      64,  66,  70 

political  or  other  designation  on,  .          .          .          .          .          .  66,  67 

to  be  signed  by  presiding  officer  and  secretary  of  caucus,  etc.,     .          .  64,  70 
to  be  filed  by  secretary,  ........         64 

in  cases  of  direct  nomination,  to  be  filed  by  city  or  town  clerk  or  elec- 
tion commissioners,  .          .          .          .          .          .          .          .  43,  44 

time  of  filing  of,  with  secretary  of  the  commonwealth  or  city  or  town 

clerks,    .          .          .          .          .          .          .          .          .          .          .  64,  67 

in  city  of  Boston,  .          .          .          .          .          .          .          .          .          .67 

objections  to,  may  be  made  in  writing;  time  of  filing,  ...  68 
objections  to,  to  be  considered  and  decided  by  certain  officials,  .  .  68 
to  be  preserved,  open  to  public  inspection,  etc.,  ....  70 

Chairman  and  secretary,  of  state  committee  to  send  call  for  caucuses  to  city 

and  town  committees,       ........         40 

of  city  or  town  committee  to  notify  aldermen  or  selectmen  of  date  of 

caucus,  .          .          .          .          .          .          .          .          .          .          .  45,  48 

may  fill  certain  vacancies,        .          .          .          .          .          .          .          .         51 

of  city  committee  to  make  nominations  for  caucuses  (at  which  official 

ballots  are  used),  if  papers  are  not  filed,  or  vacancy  occurs,  .  50,  51 

Challenge  of  right  of  persons  to  vote,  duty  of  presiding  officer,      .          .      54,  96,  97 

Challenged  vote,  in  caucuses,  how  received,          ......         54 

right  of  supervisors  of  elections,        .......         78 

Challenged  voter,  ballot  cast  by,  no  information  to  be  given  relative  to,    54,  97,  1 10 
oath  to  be  taken  by,  in  caucus,         .......         41 

Check  lists.     (See  Voting  lists.) 

Circulars  or  posters,  anonymous,  protection  of  candidates  against,          .          .       143 
distribution  of,  in  vicinity  of  polling  places,       .....  91,  92 

Cities,  elections  in,  to  be  held  on  Tuesdays,         ......  8 

voters  in,  place  of  registration  and  voting,          .          .'         .          .          .         11 
duties  of  assessors  in,      .          .          .          .          .          .          .          .          .   11-13 

time  for  registration  to  cease  in,       .          .          .          .          .          .          .         19 

assessment  in,  errors  in,  to  be  rectified,     .          .          .          .          .          .  11,  12 

assessed  polls  in,  street  lists  of,  to  be  made,  etc.,         .          .          .          .         12 

registrars  of  voters  in,     .........   14-18 

assistant  registrars  of  voters  in,        .......   16-18 

sessions  for  registration  in,  .          .          .          .          ...         18 

to  provide  suitable  rooms  for  the  registration  of  voters,       .          .          .         18 
preparation  and  posting  lists  of  voters  in,  .....   25-29 

return  of  number  of  assessed  polls  and  registered  voters  in,          .          .         28 
return  of  number  of  registered  male  and  female  voters  in,  .          .          .         28 
division  of,  into  wards  and  voting  precincts,      ....       28,  71-74 

precincts  in,  map  or  description  to  be  published  and  furnished  to  offi- 
cials,        72,  73 

proceedings  at  elections  in,  when  new  division  into  wards  is  made,  .  72 
election  officers  in,  .........  74-78 


INDEX.  163 


PAGE 


Cities,  polling  places  in,  designation,  preparation  of,  etc.,      .          .          .          .  78,  79 

state  ballot  boxes,  apparatus  and  blank  forms  to  be  provided  for  use  at 

elections  in,     .          .          .          .          .  .          .          .          .  79,  80 

to  keep  ballot  boxes  and  apparatus  in  good  repair  and  replace  those 

lost  or  destroyed,     .........         80 

ballots  to  be  prepared  and  furnished  for  elections  and  meetings  in,       .  83-87 
board  of  aldermen  or  election   commissioners  in,  may  make  regula- 
tions as  to  use  of  seals,  ballot  boxes,  etc.,  and  counting  and  re- 
turning votes,  .........          9 

may  purchase  approved  voting  machines,  .....         82 

meetings  in,  for  election  of  state  and  city  officers,  calling  of,        .          .         90 
when  ballot  boxes  may  be  opened  in,  .          .          .          .          .92 

statements  relative  to  elections  in,  not  to  be  made  prior  to  public  dec- 
laration of  vote,       .........         93 

ballots  and  voting  lists  in,  to  be  transmitted  to  city  clerk  or  election 

commissioners  by  presiding  election  officer,          ....         99 

ballots  cast  in,  to  be  retained  the  required  time  and  then  destroyed 

without  examination,        .          .          .          .          .          .          .          .100 

voting  lists  used  in,  to  be  preserved,  etc.,  .....       100 

copy  of  voting  list  used  at  elections  in,  may  be  furnished,  ...         99 

recount  of  ballots  in, 107-110 

registrars  of  voters  in,  may  employ  assistance  in  recounting  votes,        .       110 
result  of  election  in,  when  to  be  declared,  .          .          .          .          .110 

elections  in,  provisions  relating  to  corrupt  practices  and  election  ex- 
penses applicable  to,          .          .          .      •    .  .120 
to  provide  places  for  holding  caucuses,      .          .          .          .          .          .  45,  48 

to  furnish  ballot  boxes,  booths,  etc.,  in  certain  cases,  ...         48 

proceedings  in,  when  nomination  papers  (caucus)  are  not  filed,  etc.,      .  50,  51 
to  provide  ballots  for  caucuses  when  official  ballots  are  used,       .          .         52 
to  provide  blank  nomination  papers,          ......         48 

City  clerk,  with  registrars  of  voters  and  city  solicitor,  to  consider  objections  to 

nominations  for  city  offices  and  decide  questions,  except  in  Boston,        68 
City  clerks,  notices  of,  relating  to  elections,  places  of  posting,  etc.,          .          .  8 

to  publish  notices  of  meetings  for  elections,       .          .  90 

except  in  Boston,  to   send   to  registrars  of  voters  names  of  certain 

persons  deceased,     .          .          .          .          .          .          .          •          .14 

to  be  members  of  boards  of  registrars  of  voters  in  certain  cities,  .         15 

to  cease  to  be  members  of  boards  of  registrars  of  voters,     .  15 

to  receive  and  file  nominations  for  city  officers;  time,  etc.,  .          .         67 

to  require  identification  of  persons  filing  nomination  papers, 
to  notify  candidate  and  party  committee  of  objections  to  nomination,         69 
to  preserve  certificates,  nomination  papers,  objections,  withdrawals, 
receipts  and  record  of  number  of   ballots    furnished,    for  one 

year, .70,87,89 

to  notify  secretary  of  the  commonwealth  of  changes  in  wards  or  voting 

precincts,         ... 
may  administer  oaths  to  election  officers,  ...  77 


164  INDEX. 

PAGE 

City  clerks,  may  administer  oaths  to  supervisors  of  elections,         ...         78 
vacancy  in  office  of,  may  be  filled  by  appointment  pro  tempore,            .         77 
to  provide  for  safe  keeping  and  repair  of  state  ballot  boxes  and  appa- 
ratus,      80 

to  provide  suitable  seals  for  precinct  clerks,       .          .          .          .          .80 
to  send  ballot  boxes,  seals,  apparatus  and  blank  forms  to  election  offi- 
cers,        81 

to  prepare  and  furnish  ballots,  cards  of  instruction  and  specimen  ballots 

for  city  election, 83-88 

to  cause  lists  of  candidates  to  be  posted  and  published,       ...         88 
to  return  receipts  for  ballots  to  the  secretary  of  the  commonwealth,     .         89 
to  send  ballots,  cards  of  instruction  and  copies  of  proposed  constitu- 
tional amendment  to  election  officers,         .....         89 
to  cause  ballots,  etc.,  for  city  election  to  be  packed  in  sealed  packages, 

etc., 89 

to  retain  second  set  of  ballots  until  called  for  by  presiding  election  officer,        89 
to  prepare  and  furnish  substitute  ballots  when  needed,        ...         90 
to  enter  upon  city  records  the  copies  of  records  of  elections  furnished 

by  precinct  clerks,   .........         98 

to  examine  returns  of  elections,  etc.,  with  aldermen,  ....       100 

in  cases  of  direct  nomination  to  file  certificate  or  record  of  votes,          .  43,  44 
may  furnish  copy  of  voting  list  as  checked  upon  application  of  ten 

legal  voters,  etc., 55,  99 

to  retain  ballots  the  required  time,  and  then  cause  them  to  be  destroyed 

without  examination,        .          .          .          .          .          .          .          .100 

to  retain  voting  lists  for  same  length  of  time  as  ballots,  and  then  trans- 
mit them  to  registrars  of  voters,         .          .          .          .          .          .100 

to  transmit  returns  of  votes,    .          .          .          .          .          .          .         101,  106 

duties  of,  in  relation  to  erroneous  returns,  etc.,  .          .  100,  105,  106 

to  make  new  return  of  votes,  etc.,    .....  101,  104,  105 

duties  of,  in  relation  to  election  of  representative  in  general  court,        .       105 
to  certify  to  secretary  of  the  commonwealth  the  number  of  names  of 

voters  checked  as  having  voted,  etc.,  .          .          .          .          .107 

to  retain  ballots  until  a  contested  election  is  determined,  etc.,     .          .       107 
to  issue  certificates  of  election  upon  result  being  declared  by  aldermen,       110 
not  to  give  information  relative  to  ballots  cast  by  challenged  voters,     .       110 
penalties  on,  .          .          .  .          .          .          .  138,  139,  146 

to  transmit  envelopes  containing  ballots  to  be  recounted,  etc.,  to  regis- 
trars of  voters,         .........       108 

duties  of,  relative  to  statements  of  election  expenses,          .          .         118-120 
to  prepare  blank  nomination  papers,          ......         48 

to  prepare  ballots  for  use  in  caucuses,        ......         52 

to  determine  number  of  ballots  for  caucus,  if  not  otherwise  fixed,        .         52 
to  furnish  facsimile  copies  of  ballots,          ......         52 

to  deliver  ballots,  voting  lists,  etc.,  to  caucus  officers,          ...         53 
to  keep  packages  received  from  wardens  of  caucuses,  .          .          .54,  55 

to  produce  same  if  required  by  court  or  convention,  ....         55 


INDEX.  165 

PAGE 

City  and  town  clerks,  of  representative  district,  to  meet  and  determine  election,  105 
to  return  and  record  names  of  persons  voted  for,  and  number  of  votes 

for  each  person,        ........         105,  106 

place  of  meeting  of,  to  ascertain  result  of  election,  to  be  designated, 

etc., 105 

to  make  and  transmit  duplicate  certificates  of  election,       .          .          .  106 

to  certify  to  the  secretary  of  the  commonwealth  when  there  is  no  choice,  111 

City  committee,  to  consist  of  ward  committees,  .          .                   .     '    .          .  38 

how  organized,       ..........  38,  39 

vacancy  in,  how  filled,    .........  39 

may  make  rules  governing  its  proceedings,         .....  39 

may  make  rules  governing  caucuses,          ......  39 

secretary  of,  to  file  with  secretary  of  the  commonwealth,  city  or  town 

clerk  and  state  committee,  list  of  members  and  officers,        .          .  38,  39 

may  make  rules  to  determine  membership  of  party,  ....  39 

to  exclude  all  others  from  caucus,    .......  39 

to  fix  days  for  holding  municipal  caucuses,         .....  47 

may  call  meeting  in  any  city  to  consider  adoption  of  provision  of  law 

for  the  use  of  official  ballots, 46 

proceedings  for  this  purpose,   ........  46,  47 

secretary  of,  to  file  notices  of  adoption,  etc.,      .....  47 

City  councils,  to  furnish  registrars  with  office  room  and  aid,  determine  com- 
pensation, etc.,         .........  17 

may  authorize  the  appointment  of  assistant  registrars  of  voters,           .  17 
to  determine  compensation  of  supervisors  of  elections,         ...  78 
elections  by,  act  relative  to  corrupt  practices  and  election  expenses  ap- 
plicable to, 120 

City  election,  term  defined  (see  also  Cities),          ......  5 

City  officer,  term  defined,           .........  6 

City  officers.     (See  Civil  officers.) 

City  offices,  candidates  for,  nomination  of,           ......  40-70 

City  of  Boston.     (See  Boston,  city  of.) 

City  solicitor,  with  city  clerk  and  registrars  of  voters,  to  consider  objections  to 

nominations  for  city  offices  and  decide  questions,  except  in  Boston,  68 
Civil  officers,  election  of,  persons  having  highest  number  of  votes  to  be  deemed 

to  be  elected,            .........  7 

title  of  persons  elected  not  to  be  affected  by  violation  of  certain  pro- 
visions of  law,  ......  .107 

Clerk  of  board  of  registrars,  election,  duties,       .....  15 

Clerk  of  caucus,  election,  duties,  etc.,          .....                    .  54-56 

to  seal  up  ballots,  voting  lists,  and  statements  regarding  challenged 

vote,  before  adjournment  of  caucus,             .                              .          .  54 

(with  warden)  to  endorse  package  containing  votes,  etc.,    .                    .  54 
Clerks  of  cities.     (See  City  clerks.) 
Clerks  of  voting  precincts.     (See  Election  officers.) 
Clerks  of  the  courts,  election  of,          .......          90,  122 

to  hold  office  for  five  years,     ........  124 


166  INDEX. 


Clerks  of  the  courts,  in  case  of  failure  to  elect,  or  vacancy  in  office  of,  governor 

to  order  new  election,        ......  Ill 

in  case  of  vacancy  in  office  of,  appointment,      .          .          .          .         Ill,  112 

returns  of  votes  for,  to  be  returned  to  the  secretary  of  the  common- 
wealth, .........  .       101 

to  provide  blank  forms  and  envelopes  for  certificates,  returns,  etc.,       .         80 
return  of  votes  for  county  commissioner,  to  be  filed  in  office  of,  .       101 

duties  of,'  when  vacancy  occurs  in  offices  of  county  commissioner  or  as- 
sociate commissioner,        .          .          .          .          .          .          .          .113 

penalty  for  wilful  neglect,  etc.,          .......       139 

Clerks  of  towns.     (See  Town  clerks.) 

Collectors  of  taxes,  to  furnish  information  necessary  to  aid  registrars,    .          .         12 
to  be  furnished  with  additions  to  and  corrections  in  lists  of  persons  as- 
sessed,   ........  12 

penalty  for  wilful  neglect  or  refusal,  .          .          .          .          .          .139 

number,  election,  term  of  office,  etc.,         .          .          .          .          .         127,  130 

in  case  of  failure  to  elect  or  vacancy,         .....        133,  134 

to  give  bonds,         ..........       134 

Commissioners  to  apportion  Suffolk  county  into  representative  districts,        123,  124 

Compensation,  of  registrars  of  voters,          .....  17 

of  election  officers,  .........         77 

of  supervisors  of  elections,       ........         78 

of  presidential  electors,  .          .          .          .          .          .          .          .          .114 

of  state  ballot  law  commission,         .          .  <  .          .          .          .         71 

of  voting  machine  examiners,  .          .          .          .          .          .          .          .81 

Complaints,  certificates,  etc.,  to  be  preserved  by  registrars  for  two  years,        .         25 

Congress,  representatives  in,  designation  on  ballot  may  be  "Congressman,"    .         85 
(See  also  Representatives  in  congress.) 

Constables,  number,  election,  term  of  office,  etc.,          .          .          .          .         127,  130 

powers  and  duties  of,      .          .          .          .  92-94,  106,  124-126,  132,  134 

to  give  notice  of  town  meeting,         .          .  .          .          .         124,  125 

when  ordered  by  moderator,  may  remove  and  confine  disorderly  persons,       126 
to  take  persons  violating  provisions  of  law  into  custody,  etc.,      .          .         94 
to  summon  town  officers  elect  to  appear  and  take  oath,      .          .          .132 
certain  exemption  from  liability  to  hold  office  of,        .          .          .          .132 

to  forthwith  accept  or  decline  office,          .          .          .          .          .          .134 

in  case  of  failure  to  elect,  or  vacancy,        .          .          .          .          .         133,  134 

penalties  for  refusing  or  neglecting  duty,  .          .          .          .          .          .139 

to  act  as  collectors  of  taxes  in  certain  cases,       .          .          .          .          .127 

Constitution,    amendment   to,   proposed,   preparation,   publication,    posting, 

etc.,       .  87-90 

printed  on  slips  to  be  furnished  to  registrars  and  election  commissioners 

by  secretary  of  the  commonwealth,   ......         22 

copy  of,  to  be  printed  in  warrant  for  meeting  at  which  it  is  to  be  voted 

on, 91 

question  of  approval  of,  to  be  printed  on  ballot,          ....         85 

Contest,  notice  of  intention  to,  in  cases  of  elections  or  nominations  by  caucuses,  46,  107 


U  N  !  V  E  FTS  I  T 

OF 


INDEX.  167 

PAGE 

Contested  elections,  ballots  to  be  retained  subject  to  order,  etc.,   .          .         .      107 
of  presidential  electors,   ........        103,  104 

"Convention"  term  defined,      .........          6 

Conventions,  selection  of  delegates  to,         .......  40-62 

date  of  holding,      ..........         63 

nomination  of  candidates  by,  ........  62-70 

for  the  nomination  of  candidates  for  school  committee  in  Boston,        .         63 
may  be  made  by  roll  call,        .          .          .          .          .          .          .          .  63,  64 

presiding  officer  and  secretary  of,  to  sign  and  swear  to  certificate  of 

nomination,  etc.,      .........         64 

secretary  of,  to  file,          .........         64 

blank  certificate  of  nomination  to  be  furnished  for  use  of  presiding 

officer  and  secretary  of,    ........         70 

may  provide  for  filling  vacancy  caused  by  withdrawal,  ineligibility  or 

death  of  candidate,  ........         69 

provision  relative  to  corrupt  practices  and  election  expenses,  applicable  to,      120 
inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,     120,  121 
penalty  on  officer  of,       .........       137 

Copies  of  records  of  votes.     (See  Returns  of  votes.) 

Corporations,  certain,  not  to  make  political  contributions,  etc.,     .          .        149,  150 

Corrupt  practices  in  elections,  prevention  of,       .....         114-120 

Councillors,  elected  annually  on  the  Tuesday  next  after  the  first  Monday  in 

November,      .......  90,  121 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 

wealth, ...........       101 

Count  and  canvass  of  votes,      ........          97-100 

Counting  of  ballots,  when  voting  is  in  progress,  ......         98 

apparatus  for,         ..........  79-83 

County  commissioners,  election,  term  of  office,  etc.,     .          .          .          .90,  122,  124 

returns  of  votes  for,  to  be  transmitted  to  clerks  of  the  courts,      .          .101 
to  examine  votes  for  county  treasurers  and  registers  of  deeds,  notify  per- 

sons elected  and  secretary  of  the  commonwealth,          .          .          .       104 
board  of  examiners  to  examine  votes  for,  notify  persons  elected  and 

secretary  of  the  commonwealth,          .          .          .          .          .          .104 

may  order  new  return  if  original  appears  to  be  incomplete  or  erroneous,  104,  105 
to  designate  place  of  meeting  of  clerks  in  representative  districts,         .       105 
may  recount  ballots  for  county  treasurers  and  registers  of  deeds,         107,  108 
not  to  give  information  regarding  ballot  cast  by  challenged  voter,        .       110 
to  issue  precept  for  new  election  in  case  of  failure  to  elect,  or  vacancy 

in  office  of  county  treasurer  or  register  of  deeds,  .          .          .112 

in  case  of  failure  to  elect,  or  vacancy  in  office  of,  board  of  examiners 
to  issue  precept  for  new  election,  and  notify  secretary  of  the  com- 
monwealth,     .          .          .          .          .          .          .          .          .         112,  113 

may  appoint  a  county  treasurer  or  register  of  deeds  to  hold  office  until 

an  election,  in  case  of  a  vacancy,        .          .          .          •          •          .112 
in  case  of  vacancy  in  office  of,  appointment  may  be  made  by  remaining 

commissioners  and  clerk  of  courts,     .          .....       113 


168  INDEX. 


County  commissioners,  to  send  copy  of  precept  to  the  secretary  of  the  com- 
monwealth,    ..........       113 

not  more  than  one  commissioner  or  associate  commissioner  to  be 

chosen  from  the  same  city  or  town,   .....         122,  123 

to  appoint  assessors  in  certain  towns,        .          .          .          .          .  134 

penalties  on,  .........         138,  139 

associate,  election  of,  etc.,        .......  90,  122,  124 

County  treasurers,  election,  term  of  office,  residence,    ....  90,  123,  124 

return  of  votes  for,  to  be  made  to  county  commissioners  within  ten 

days, 101 

county  commissioners  to  examine  votes  for,  notify  person  elected  and 

secretary  of  the  commonwealth,          ......       104 

in  case  of  failure  to  elect,  or  vacancy  in  office  of,  county  commissioners 
to  issue  precept  for  new  election,  and  notify  secretary  of  the  com- 
monwealth, .........  112,  113 

in  case  of  vacancy  in  office  of,  appointment,  etc.,       .          .          .          .112 
Criminal  prosecutions  for  offences  against  the  election  laws,  ...  9 

D. 

Day  and  hour,  last,  for  filing  nominations,  .          .          .          .   50,  51,  58,  67,  68 

Days,  number  of,  how  to  be  computed  in  election  laws,        .          .          .          .    8,  19 

Deaths,  returns  of,  to  be  made  to  registrars  of  voters  monthly,      ...         14 
Defective  ballots,  to  be  marked,  etc.,          .......        99 

Delegates,  in  case  of  tie  vote,  to  be  chosen  by  other  delegates,      ...        42 

proceedings  for  filling  such  vacancy,          ......         42 

to  certain  conventions  to  be  chosen  at  one  caucus,     ....         40 

to  receive  certificate  of  election,        .          .          .          ....        42 

Delegation  to  convention,  proceedings  for  filling  vacancies  on,  .          .         42 

Deputy  clerks.     (See  Election  officers.) 

Deputy  inspectors.     (See  Election  officers.) 

Deputy  wardens.     (See  Election  officers.) 

Designation,  political,  or  other,  of  candidates,     .....      66,  69,  84 

Direct  nominations,  returns  of  caucuses  when  made,     .....  43,  44 

certain  provisions  of  law  to  apply  to  caucuses  held  for,        .          .          .63 
Direct  plurality  vote,  candidates  for  certain  offices  to  be  nominated  by,    .          63,  148 

members    of    state    committees  in  certain    senatorial  districts  to  be 

elected  by, 38,  148 

Discharging  voters  on  account  of  vote,  penalty  for,      .....       145 
Disorderly  conduct,  at  sessions  of  registrars  of  voters,  penalty  for,  etc.,  .        142 

at  caucuses,  primaries  or  elections,  penalty  for,  ....       146 

Disputed  elections.     (See  Contested  elections.) 
District  attorneys,  election,  term  of  office,  residence,    .          .          .          .90,  122,  124 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,   101 

in  case  of  failure  to  elect,  or  vacancy  in  office  of,  governor  to  order  new 

election,  ..........       Ill 


INDEX.  169 

PAGE 

District  attorneys,  in  case  of  vacancy  in  office  of,  appointment,  etc.,      .         .      Ill 
to  be  notified  of  defective  statements  of  election  expenses,  .          .       118 

to  prosecute  in  certain  cases,  .          .          .          .          .          .          .          .118 

to  attend  inquests  in  election  cases,  etc.,  ......       120 

Documents  relating  to  registration,  to  be  preserved  for  two  years,          .          .        25 
Duplicate  voting  lists,  to  be  prepared  for  use  at  elections  and  meetings,          .        27 

E. 

Election,  term  denned,     ..........          6 

Election  cases,  inquests  in,         .          .          .          .          .          .          .          .         120,  121 

Election  commissioners,  city  of  Boston,  appointment,  term,  etc.,  .          .         33 

powers  and  duties  of,  .          .          .          .          .          .          .  8,  9 

to  constitute  the  Boston  ballot  law  commission,         ....         34 

to  appoint  assistant  registrars  of  voters,   .  .          .          .          .33 

to  provide  polling  places  for  caucuses,       .          .          .          .          .          .48 

to  provide  blank  nomination  papers  for  primaries,      ....         48 

to  furnish  copies  of  checked  voting  lists  (primaries),  ....         55 

may  remove  election  officer  on  day  of  election,  ....         75 

to  appoint  election  officers,       ........         74 

may  remove  election  officers,  .          .          .          .          .          .          .          .  75,  76 

may  prefer  charges  against  election  officer,         .          .          .          .          .75 

to  fill  vacancies  in  election  offices,    .......         76 

may  make  regulations  as  to  use  of  seals,  ballot  boxes,  counting  ap- 
paratus, etc.,  receiving  and  returning  votes,         ....  9 

to  post,  in  places  of  registration,  laws  prescribing  penalty  for  illegal 

registration,     .          .          .          .          .          .          .          .          .          .13 

registration  by,  to  be  in  open  session,        ......         25 

complaints,  certificates,  etc.,  received  by,  to  be  preserved  for  two  years,         25 
may  enforce  regularity  of  proceedings,  maintain  order,  etc.,         .          .         25 
to  prepare  voting  lists,    .          .          .          .          .          .          .          .          .  25,  37 

to  prepare  an  annual  register,  .          .          .          .          .          .          .32 

to  transmit  to  listing  board  before  May  1,  a  list  of  women  voters  of 

preceding  year,          .........         33 

to  make  new  general  register  in  certain  years,    .....         34 

sessions  for  registration  of  voters,     .......         36 

to  examine  applicants  for  registration  under  oath,      ....        36 

to  prepare  copies  of  voting  lists  in  pamphlet  form,     ....         37 

to  canvass  returns  in  cases  of  direct  nominations,       ....         43 

Election  days,  sale,  etc.,  of  intoxicating  liquors  on,      .....  8 

Election  expenses,  receipts,  payments,  statements,  etc.,        .          .          .         114-120 
to  be  inspected,      .          .          .          :          .          .          .          .          .          .118 

Election  laws,  etc.,  evidence  in  prosecution  for  violation  of,  ...          9 

Election  officer,  term  defined,    ........  6 

Election  officers,  to  be  furnished  with  map  or  description  of  voting  precincts,         73 
of  each  voting  place,  relative  to,       .....  .  74-78 

removal  of,  vacancy,  etc.,        .         .         .         .         .         .         .         .  75,  76 


170  INDEX. 

PAGE 

Election  officers,  to  equally  represent  the  two  leading  political  parties,  etc.,    .  75-77 
absent  at  opening  of  polls  etc.,  place  may  be  filled,    ....         76 

persons  not  eligible  as,  when  candidates  to  be  voted  for,     ...         76 
to  be  sworn,  .          .          .          .          .  •       .          .         .         .          .77 

deputy  to  act  in  absence  of  principals,      .          .          .          .          .          .76 

in  city  of  Boston  may  require  voters  to  write  their  names,  .          .         37 

duties  of,  when  substitute  ballots  are  furnished,          ....         90 

at  opening  of  polls  to  see  that  ballot  box  is  empty,    ....         92 

in  charge  of  ballot  box  and  voting  list,  respectively,  to  be  of  different 

political  parties,       .........         93 

not  to  make  statements  relative  to  the  voting  at  elections  until  public 

declaration  of  vote,  ........         93 

to  report  violation  of  provisions  of  law  to  police,        ....         94 

who  are  to  assist  disabled  voters  in  marking  ballots;    to  certify  on  . 

ballots, 95 

not  to  mark  ballots,  etc.,         .          .          .          .          .          .          .          .95 

to  distinctly  announce  and  repeat  names  of  voters  and  check  names  on 

lists  before  ballots  are  deposited  in  box,      .....         96 

not  to  make  statements  relative  to  ballots  cast  by  challenged  voters,  97,  110 
duties  of,  in  the  count  and  canvass  of  votes,      ....  97-100 

shall  not  announce  vote  until  all  ballots  have  been  counted,        .          .         98 
presiding  officer  to  select  officers  to  count  votes  removed  before  close 

of  polls,  .          .          . 98 

endorsement  of,  on  envelope  containing  ballots,          ....         99 

to  certify  on  envelope  to  the  identity  of  voting  lists  used  at  an  election,        99 
may  affix  seals  to  envelope  containing  ballots,  .....         99 

to  make  an  additional  record  of  votes,  etc.,       ....        100,  106 

of  a  ward  or  precinct  composing  a  part  of  a  representative  district,  to 
make,  seal,  and  deliver  to  clerk  a  copy  of  record  of  vote  for  repre- 
sentative,       ..........       105 

penalties  on,  ....  ...         137-139 

penalty  for  disobedience  of  lawful  commands  of,         .          .          .          .146 

in  cities,  when  new  division  into  wards  is  made,         ....         72 

compensation  of,    ..........         77 

Elections,  prevention  of  corrupt  practices  in,       .....         114-120 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,    120,  121 
in  cities,  to  be  held  on  Tuesdays,      .......  8 

Elective  office,  term  defined,     .........  6 

Electors  of  president  and  vice  president  of  the  United  States,  addition  to 
designation  on  certificate  of  nomination,  nomination  paper  and 

ballot, 66,  85,  86 

arrangement  of  names  of  candidates  on  ballot,  etc.,   ....  85,  86 

election  of, 90,  121 

marking  of  ballots  in  voting  for,       .......         95 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,    .  .  .101 

returns  of  votes  for,  to  be  examined  by  governor  and  council  and  procla- 
mation to  be  made,  etc.,  ........       102 


INDEX.  171 


Electors  of  president  and  vice  president  of  the  United  States,  candidates  for, 
receiving  not  less  than  one  fifth  of  votes,  may  apply  to  supreme 
judicial  court  for  declaration  of  election,     .          .          .          .          .103 

governor  to  issue  certificates  of  election  to,  when,  etc.,        .          .         103,  104 
final  determination  of  contested  elections  of,  .          .          .          .104 

if  majority  of,  are  not  chosen  by  the  people,  remaining  number  to  be 

chosen  by  legislature,        .          .          .          .          .          .          .          .110 

vacancy  in,  how  filled,    .          .          .          .          .          .          .          .          .110 

to  meet  and  organize  on  the  Saturday  preceding  the  second  Monday  in 

January  succeeding  their  election,      .          .          .          .          .         113,114 

secretary  of  the  commonwealth  to  preside  until  presiding  officer  is 

chosen,  ...........       114 

to  vote  on  the  second  Monday  in  January  for  president  and  vice  presi- 
dent, and  certify  and  transmit  their  votes  to  seat  of  government,  .       114 
compensation  of,  for  travel  and  attendance,       .          .          .          .          .114 

Employees  in  manufacturing,   mechanical  or  mercantile  establishments,   to 

be  allowed  time  to  vote,  ........  8 

Envelopes  and  blanks  for  returns  to  be  furnished  by  the  secretary  of  the  com- 
monwealth and  clerks  of  the  courts,  ......         80 

Errors,  in  names  or  residences  of  persons  assessed,  to  be  corrected,         .          .         11 
in  registration,  correction  of,   .          .          .          .          .          .          .          .23 

in  names  or  residences  of  persons  assessed,  assessors  to  be  notified,      .         24 
in  caucus  nomination  papers,  correction  of,        .....  50,  51 

in  records  of  votes,  correction  of,  .          .          .          .  100,  104-106 

Evidence  in  prosecutions  for  violation  of  caucus  or  election  laws,  .          .     9,  10 

Examiners,  board  of.     (See  Board  of  examiners.) 

Expenses,  election,  and  corrupt  practices  in  elections,  .         .         .         114-120 

F. 

Failure  to  elect,  state  officers,   ........         110-113 

town  officers,          .........         133-135 

False  affidavit,  penalty  for  making,    .          .          .          .          .          .          .          .141 

False  answer,  statement  or  name,  penalties  for  giving,  .          .          .         139,  140 

False  certificate,  paper,  endorsement,  etc.,  penalties  for  making,   .          .          .       142 
False  name,  penalty  for  voting  under,         ......         139,  140 

False  statement  as  to  inability  to  mark  ballot,  penalty  for  making,  .          .         139,  140 

Females.     (See  Women.) 

Fence  viewers  in  towns,  election,  etc.,         .......       127 

Field  drivers  in  towns,  election,  etc.,  .......       127 

Fraudulent  impersonation  of  voters  in  city  of  Boston,  to  prevent,  .          .         37 

Fraudulent  voting,  etc.     (See  Penalty.) 

G. 

General  ballots,  description  of,  number  to  be  furnished,  etc.,          .          .          .  83-87 

General  court.     (See  Legislature.) 

General  register  of  voters,  to  be  kept,          .          .          .          .          .          .          .20 


172  INDEX. 

PAGE 

General  register  of  voters,  form  of;   books  for,  to  be  furnished  by  the  secretary 

of  the  commonwealth  at  cost,  .......         20 

revision  and  correction  of,       ........         23 

in  Boston,  preparation  of,        ........  34-30 

Governor,  to  be  elected  annually  on  the  Tuesday  next  after  the  first  Monday 

in  November,  ........          90,  121 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  com- 
monwealth,    ..........       101 

in  the  presence  of  at  least  five  councillors,  to  certify  to  results  of  exam- 
ination of  returns  of  votes,         .          .          .          .          .          .          .102 

after  examination,  to  deliver  returns  of  votes  and  certificate  of  exam- 
ination to  secretary  of  the  commonwealth,  .          .          .          .102 

to  issue  certificates  to  presidential  electors,        .  103,  104 

to  convene  the  legislature  in  case  of  failure  to  elect  a  majority  of  presi- 
dential electors,        .          .          .          .          .          .          .          .          .110 

to  issue  precept  for  election  of  representative  in  congress,  in  case  of 

vacancy  or  failure  to  elect,         .          .          .          .          .          .          .111 

to  issue  precepts  for  elections  in  case  of  vacancies  or  failure  to  elect  cer- 
tain district  and  county  officers,         .          .          .          .          .          .111 

Governor  and  council,  to  appoint  supervisors  of  registration  upon  petition,     .         25 
to  appoint  three  ballot  law  commissioners  and  determine  compensation,  70,  71 
to  appoint  supervisors  of  elections  upon  petition  of  ten  qualified  voters,         78 
to  examine  returns  of  votes,    .          .          .          .          .          .          .          .102 

not  to  reject  return  of  votes  because  of  informality,  etc.,    .          .          .       101 
to  examine  returns,  etc.,  for  presidential  electors,  and  to  make  procla- 
mation, ..........       102 

may  order  new  returns  of  votes  if  originals  appear  to  be  incomplete  or 

erroneous,        .........         104,  105 

to  appoint  sheriff,  district  attorney  and  register  of  probate  and  insol- 
vency to  fill  vacancy,        .          .          .          .          .          .          .          .111 

Guard  rail  to  be  constructed  at  each  polling  place,  etc.,         ....  48,  79 

persons  permitted  inside  of,     ........        93 

H. 

Health.     (See  Boards  of  health.) 

Highways  in  towns,  surveyors  of,       .          .          .          .          .          .          127,  128,  132 

Holiday,  when  final  day  of  registration  falls  on,  .          .          .          .          .19 

filing  of  certificates  of  nomination  in  towns  when  final  day  falls  on,      .         68 
Holidays  to  be  included  in  computing  time  in  election  laws,  ...  8 

Hour  for  calling  caucuses,          .........  45-48 

Hour  and  day,  last,  for  filing  nominations,  .....      50,  67,  68 

i. 

Illegal  or  incorrect  registration,  proceedings  in  case  of,          ....         24 

penalty  for,  ...........       141 

Illegal  voting,  duties  of  officers,          ........         94 


INDEX.  173 

PAGE 

Illegal  voting,  penalties  for,       ........        139,  140 

Impersonation  of  voters,  to  prevent  fraudulent,  in  city  of  Boston,          .          .         37 
Independent  voter,  not  to  be  excluded  from  caucuses,  ....         39 

Inquests  in  election  cases,          .          .          .          .          .          .          .          .         120,  121 

Inspectors,  to  act  as  ballot  clerks  (see  also  Election  officers),          ...         76 
Institutions,  list  of  persons  confined  in  certain,  to  be  transmitted  to  election 

commissioners  of  Boston,  .......         14 

Instruction  to  voters,  cards  of,  to  be  prepared  and  furnished,        ...         87 
Intoxicating  liquor.     (See  Liquors.) 

J. 

Justice  of  the  peace,  may  administer  oath  to  supervisors  of  elections,  .  .  78 
may  call  a  town  meeting  upon  refusal  of  selectmen,  etc.,  .  .  .125 
may  administer  oath  to  town  officer  elect, 132 


L. 

Legislature,  members  of,  to  be  elected  on  the  Tuesday  next  after  the  first 

Monday  in  November,       .......          90,  121 

recount  of  ballots  by, 108 

proceedings  of,  when  a  majority  of  presidential  electors  are  not  elected 

by  the  people,  .........       110 

elections  in,  provisions  relative  to  corrupt  practices  and  election  ex- 
penses applicable  to,          ........       120 

Lieutenant  governor,  to  be  elected  annually  on  the  Tuesday  next  after  the 

first  Monday  in  November,        ......  90,  121 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,  101 

Liquors,  sale,  etc.,  of,  on  election  days,       .... 

in  polling  places,  forbidden,  under  penalty,        ....  94,  146 

question  of  granting  licenses  for  sale  of,  to  be  placed  on  ballot,    .          85,  132 
in  towns  polls  to  be  kept  open  at  least  one  hour,        ....         91 

in  towns  divided  into  precincts,  may  be  voted  on  by  precincts,    .          .       133 
returns  of  votes,  how  canvassed,       .......       133 

votes  upon,  recount  of,  .          .          .          .          .          .          .          .         108,  109 

voting  lists  to  be  used,    .........       131 

Listing  and  registration  of  voters  in  Boston,        ......  29-37 

Listing  board,  in  Boston,  how  constituted,  ......         29 

to  make  lists  of  male  persons,  ....... 

to  make  lists  of  women  voters,          .......  29,  30 

to  correct  errors  in  lists,  ........         30 

to  transmit  copies  of  lists  to  election  commissioners, 

to  prepare  printed  copies  of  lists,      .          .          .          .          .          .          .  30,  31 

to  give  certificates  of  residence  in  certain  cases,  .          .  .         31 

to  post  in  place  when  oaths  are  administered  copy  of  section  420,         .  31,  32 
to  cause  to  be  printed  names  and  residences  of  applicants,  .          .         32 

List  of  assessed  polls.     (See  Assessed  polls,  list  of.) 


174  INDEX. 

PAGE 

List  of  voters  for  use  in  cities  in  making  new  division  into  wards,  .         .  28,  29 

Lists  of  candidates,  to  be  posted  and  published,  .....         88 

Lists  of  voters.     (See  Voting  lists,  and  Annual  register.) 
Lists,  etc.,  places  of  posting,      .........          8 

M. 

Magistrates  to  ascertain  identity  of  persons  making  oath  to  nomination  papers,         66 
Manufactory,  etc.,  employee  in,  to  be  allowed  time  to  vote,  ...  8 

Map  or  description  of  new  voting  precincts  to  be  published,  etc.,  .          .  73,  74 

Marking  of  ballots,  by  voter,     .          .          .          .          .          .          .          .          .  53,  95 

penalty  for  fraudulent,    .........       145 

Marking  shelves  and  supplies  for  marking  ballots  to  be  furnished,  etc.,  .         79 

Mayor,  duties  of,  when  leading  political  parties  are  not  equally  represented  on 

board  of  registrars  of  voters,  etc.,       ......         16 

may  appoint  temporary  registrars  of  voters,      .          .          .          .          .16 

to  remove  election  officers  in  certain  cases,         .....         76 

may  appoint  city  clerk  pro  tempore,          ......         77 

Mayor  and  aldermen,  to  appoint  registrars  of  voters,  etc.,     .          .          .          .  14,  15 

to  appoint  election  officers  in  each  precinct,       .          .          .          .          .         74 

may  remove  election  officers  for  cause,      ......         75 

to  appoint  election  officer  to  fill  vacancy,  .          .          .          .          .  75.  76 

Mechanical,  etc.,  establishments,  persons  employed  in,  to  be  allowed  time  to 

vote, 8 

Meetings  for  elections,  calling  of,        .......  90,  124,  125 

election  officers  at,  to  be  provided  with  list  of  persons  entitled  to  vote  at,         27 
ballot  clerks  at,  to  check  name  of  voter  on  list  and  distinctly  announce 

name  before  giving  out  ballot,  .......         94 

election  officers  at,  to  check  name  of  voter  on  list  and  distinctly  an- 
nounce name  before  he  votes,    .......         96 

how  votes  shall  be  deposited  in,  .          .          .          .          .  96,  132 

proceedings  when  right  to  vote  is  challenged  in,          .          .          .          .  96,  97 

penalty  for  disorderly  conduct  and  illegal  voting  at,  .          .         144,  146 

time  of  opening  and  closing  polls  at,          .          .          .          .          .          .91 

for  state  officers,  selectmen  to  preside  at,  if  town  is  not  divided  into 

voting  precincts,     ......  76 

time  of  closing,  after  announcement,  not  to  be  changed  to  earlier  hour,         91 
in  towns.     (See  Town  meetings.) 

in  towns  divided  into  precincts  voting  for  the  election  of  state  officers,         73 
for  election  of  town  officers,     .          .          .          .          .          .          .          .133 

for  general  business,        .          .          .          .          .          .          .          .          .133 

for  political  purposes,  the  holding  of,  regulated,          ....  40-62 

of  clerks  of  cities  and  towns  composing  a  representative  district,         .       105 
Mercantile  establishments,  etc.,  employees  in,  to  be  allowed  time  to  vote, 
Minor  may  be  registered  if  he  will  be  of  age  before  the  election  next  ensuing,         22 
Moderator  and  clerk  in  towns,  may  cause  ballots  to  be  counted  while  voting 

is  in  progress,  .          .          .          .          .          .          .  98 


INDEX.  175 


PAGE 


Moderators  of  town  meetings,  election,  etc.,         ....          125,  126,  130 

may  be  elected  for  the  term  of  one  year,  ......       125 

when  not  elected  for  one  year  to  be  first  chosen  at  town  meeting  ex- 
cept for  state  election,      ........       125 

voting  list  to  be  used  at  election  of,  .          .          .          .          .          .130 

ballot  to  be  used  at  election  of,  etc.,          .          .         .         .         .         .130 

penalty  for  printing  unauthorized  ballots  for,    .....       144 

ballots  for,  to  be  received  and  counted  although  not  in  conformity  with 

requirements,  .          .          .          .          .          .          .          .          .130 

may  appoint  additional  ballot  clerks,         ......         77 

to  fill  vacancies  in  office  of  ballot  clerk,     ......         77 

to  be  chosen  before  ballots  are  furnished  to  voters,     ....  89,  90 

to  see  that  ballot  box  is  empty  before  the  opening  of  the  polls,  .  .  92 
to  direct  how  balloting  shall  proceed  when  state  ballot  box  cannot  be 

used,       ...........         92 

to  require  persons  smoking  or  having  liquor  to  withdraw,  etc.,    .          .         94 
to  require  disorderly  persons  to  be  detained,  etc.,       ....         94 

to  report  violations  of  law,       ........         94 

to  check  name  of  voter  on  registrar's  certificate  and  to  attach  certificate 

to  voting  list,  .........         27 

to  receive  votes  of  registered  voters,          .          .          .          .          .          .132 

in  certain  towns,  to  receive  ballots  for  deposit  in  ballot  box,  open  and 

unfolded,  ....  132 

not  to  give  information  regarding  ballot  cast  by  challenged  voter,  .  1 10 
duties  of,  in  the  count  and  canvass  of  votes,  .....  97-99 
to  direct  how  canvass  of  votes  shall  be  made  when  state  apparatus  and 

blank  forms  cannot  be  used,      .......         97 

may  appoint  additional  tellers  to  aid  in  checking  names  or  canvassing 

and  counting  votes,  ........         77 

may  administer  oaths  to  election  officers,  .....         77 

to  cause  voting  lists  and  ballots  to  be  publicly  enclosed  in  envelope,  etc.,  99,  131 
to  deliver  voting  list  and  ballots  to  town  clerk,  ....  99 

recount  of  ballots  by, 108-110 

to  notify  interested  candidates  before  recounting  ballots,    .          .          .108 
to  administer  oath  to  town  officers  elect,  .          .          .          .          .131 

not  to  examine  or  read  ballot  or  permit  it  to  be  done,         .          .          .132 
Money,  receipt,  payment,  etc.,  of,  for  election  expenses,  etc.,         .          .         114-120 
Municipal  party,  term  defined,  ........  6 

taking  part  in  caucuses  of,  not  to  affect  right  to  take  part  in  caucuses  of 

a  political  party,      .          .          .          .          .          .          .          .          .41 

N. 

Name,  false,  or  false  answer,  penalty  for  giving,  ....        139,  140 

Names  of  candidates,  with  residences,  etc.,  to  be  placed  upon  certificates  and 

nomination  papers,  ......  .66 

may  be  withdrawn  from  nomination;  time,  etc.,         ....         69* 


176  INDEX. 

PAGE 

Names  of  candidates,  with  residences,  etc.,  to  be  placed  upon  ballots,  .  .  83-86 
arrangement  of,  upon  ballots,  .....  52,  53,  84-86 

Names  of  persons  liable  to  be  assessed,  lists  of,  to  be  made  by  assessors,  etc.,  .  11 
to  be  transmitted  by  assessors  to  registrars  except  in  Boston,  .  .  12 
corrections  in,  to  be  made  by  assessors,  etc.,  .  .  .  .  .11 

Names  of  voters,  to  be  placed  or  retained  on  registers  of  voters,    .          .          .  20-24 
to  be  written  in  full,  etc.,  on  registers,  etc.,        .....         20 

to  be  distinctly  announced  before  placing  them  on  general  register,      .         25 
errors  in,  registrars  to  correct,  etc.,  ......         23 

errors  in,  registrars  to  notify  assessors,      .          .          .          .          .          .  24,  25 

entered  in  annual  register,  to  be  posted,  times  and  places,  .          .  25-27 

additional,  entered  in  annual  register,  to  be  posted  or  published,  etc.,         27 
entered  in  annual  register,  to  be  placed  on  voting  list,         .          .          .25,  26 
may  be  stricken  from  registers  upon  notice  and  examination,  etc.,          .         24 
entitled  to  vote  for  part  of  officers,  to  be  placed  together,  etc.,    .          .         26 
number  of,  required  on  nomination  paper,          .....  64,  65 

requisite  number  of,  on  nomination  paper,  to  be  certified  by  registrars 

of  voters,  or  election  commissioners,  .....  65,  66 

to  be  announced,  repeated  and  checked  on  list  before  voters  receive 

ballots, 94 

to  be  announced,  repeated  and  checked  on  list  before  voters  deposit 

ballots, 96 

Names  of  women  voters  may  be  placed  in  separate  columns  or  lists,       .          .         26 
list  of,  to  be  transmitted  to  assessors,        .          .          .          .          .          .21 

list  of,  to  be  returned  to  registrars  of  voters,      .          .          .          .          .12 

Naturalization  papers,  to  be  produced  for  inspection  before  name  is  placed 

on  register,  etc.,       .........         22 

Nomination,  certificates  of.     (See  Certificates  of  nomination.) 

Nomination  filed,  etc.,  to  be  valid,  unless  objections  are  filed,  etc.,         .          .        68 

Nomination  of  candidates,  by  caucus  or  primary,         .....  40-62 

by  convention,       .         .         .          .         .         .         .         .         .          .  62-70 

may  be  by  roll  call,         .          .          .         .         .         .          .         .          .  63,  64 

by  individual  voters,       .          .          .          .          .          .          .          .    64,  65,  135 

by  other  than  political  parties,         .         .          .          .          .         .          .  61,  62 

by  direct  nomination,      .          .          .          .          .          .          .          .          63,  148 

to  fill  vacancy  caused  by  withdrawal,  ineligibility  or  death,         .          .         70 
notice  of,  to  be  sent  to  candidates,  .......  42,  43 

notice  of  intention  to  contest,  .......         46 

Nomination  or  election  of  candidates,  act  relative  to  corrupt  practices  and 

election  expenses  applicable  to,  .          .          .          .          .          .120 

Nomination  papers,  blank  form  of,  to  be  furnished  by  the  secretary  of  the 

commonwealth,        .........         70 

form,  contents,  etc.,        .........         66 

requisite  number  of  signatures  on,  to  be  certified  by  registrars  of  voters,  65,  66 
nomination  of  candidates  by,  .          .          .          .          .          .          .  64-70 

number  of  signatures  required  on,  to  nominate  a  candidate,         .          .  64,  65 
political  or  other  designation  of  candidates  on,  ....        66 


INDEX.  177 

PAGE 

Nomination  papers,  one  of  signers  to  swear  to  truth  of  statements  in,  etc.,     .         66 
time  of  filing  with  secretary  of  the  commonwealth,  or  city  or  town 

clerks, 67,  68 

to  be  filed  by  some  responsible  person,  etc.,       .          .          .  .67 

written  acceptance  of  candidates,  to  be  filed  with,      ....  49,  67 

objections  to,  may  be  made  in  writing;  time  of  filing,          .          .  68 

objections  to,  shall  be  considered  and  questions  decided  by  certain 

officials,  ..........        68 

to  be  preserved  for  one  year,  open  to  public  inspection,       ...         70 
act  relative  to  corrupt  practices  and  election  expenses  applicable  to,       120 
(caucus)  blanks  to  be  provided  by  city  or  town,          ....         48 

form,  contents,  number  of  signatures,  etc.,         .....  49-52 

notices  relative  to  filing  of,  to  be  published,       .          .          .          .          .  47,  48 

to  be  sealed  and  filed  in  office  of  secretary  of  city  or  town  committee 

ten  days  before  caucus,     ........         50 

time  of  filing  to  be  endorsed  upon,  .......         50 

not  to  be  opened  until  time  for  filing  has  expired,       ....         50 

to  be  publicly  opened,     .........         50 

correction  of  errors,  irregularities,  etc.,  in,          .....  50,  51 

if  none  are  filed,  ward  committee  to  be  notified,          ....         50 

may  be  made  by  ward  committee  in  such  case,  ....  50,  51 

two  sets  of  papers  may  be  filed  in  such  case,  if  ward  committee  dis- 
agrees,   ...........         50 

in  case  of  withdrawal  new  paper  may  be  filed,  .....         51 

to  be  delivered  to  city  or  town  clerk,  or  election  commissioners,  .         51 

Nominations  for  caucuses,  at  which  official  ballots  are  used,  must  be  made 

by  nomination  papers,      ........         49 

may  be  made  by  ward  committee,  if  not  made  otherwise,  .          .          .  50,  51 

Notices,  relating  to  elections,  place  of  posting,     ......  8 

of  caucuses, 40,  41,  45-48,  61 

of  intention  to  contest  elections  or  nominations  by  caucuses,       .         .        46 

o. 

Oath,  to  be  taken  by  registrars  and  assistant  registrars,        .         .         .          .  16,  17 

applicants  for  registration  to  be  examined  under,        ....  21,  36 

applicants  for  listing  in  Boston  to  present  statement  under,         .          .         31 
no  voter  to  be  prevented  from  voting  in  caucus  if  he  takes,          .          .         41 
to  be  taken  by  challenged  voter  in  caucuses,      .          .          .          .          .  41,  42 

to  be  taken  by  caucus  officers,          .......         56 

to  be  taken  by  voter  denying  accuracy  of  enrolment,  ...         60 

to  be  taken  by  one  of  the  signers  to  nomination  papers,      ...         66 
may  be  administered  by  state  ballot  law  commission,          ...         71 
to  be  taken  by  election  officers,         .......         77 

to  be  taken  by  city  or  town  clerk  pro  tempore,  ...          78,  134 

supervisors  of  elections  to  take,         ....  .  78 

to  be  taken  by  challenged  voter,      .          .         .  .         .          .  96,  97 


178  INDEX. 


PAGE 


Oath,  to  be  made  to  statement  of  election  expenses  and  complaints,     .          .       118 
to  be  taken  by  persons  elected  to  the  office  of  town  clerk,  .          .          .       131 
to  be  taken  by  town  officers,   .......         131,  132 

assessors  appointed  to  take,     .          .          .          .          .          .          .          .134 

penalty  for  making  false,          .          .          .          .          .          .          .          .       141 

Objection  to  nominations,  to  be  made  in  writing;  time  of  filing,    ...         68 
to  be  considered  and  questions  decided  by  certain  officials,  .      51,  52,  68 

to  be  preserved  for  one  year  open  to  public  inspection,        ...         70 

Office,  city  or  town.     (See  City  or  town  office.) 
state.     (See  State  office.) 

Officer,  city  or  town.     (See  City  or  town  officer.) 
state.     (See  State  officer.) 

Officers,  civil.     (See  Civil  officers.) 

election.     (See  Election  officers.) 
police.     (See  Police  officers.) 
presiding.     (See  Presiding  officers.) 

Official  ballot,  term  defined,      .........  6 

Organization,  of  state,  city  and  town  committees,         .....         38 
of  presidential  electors,  .          .          .          .          .          .          .          .        113,  114 

Overseers  of  the  poor  in  towns,  number,  election,  term  of  office,  sex,  etc.,     127-132 
women  to  be  eligible  as,  .          .          .          .          .          .          .          .128 

selectmen  may  act  as,  if  none  are  chosen,  .         .          .          .          .131 


P. 

Partial  ballots  for  use  of  certain  voters,      .......         87 

Party,  political.     (See  Political  parties.) 

Pasters,  to  be  placed  upon  official  ballots,  .          .          .          .          .          .  91,  92 

Penalty,  on  assessor  or  assistant  assessor,  .          .          .          .          .          .          .136 

on  registrar  or  assistant  registrar,     .          .          .          .          .          .          .136 

on  member  of  listing  board  or  police  officer  in  Boston,         .          .        136,  137 
on  officer  of  primary,  caucus,  or  convention,      .          .          .          .          .137 

on  caucus  officer  for  violating  provisions  of  section  111,      .          .          .       137 
on  supervisors  of  elections,      .          .          .          .          .          .          .          .137 

on  election  officer, 137,  138 

on  presiding  officer,         ........         137,  138 

on  officer  recounting  ballots,    .          .          .          .          .          .          .          .138 

on  city  or  town  clerk  or  election  commissioners,          .          .          .          .138 

on  city,  town,  or  precinct  clerk  or  election  commissioners,  .          .       138 

on  selectmen,          ..........       139 

on  any  public  officer,  primary,  caucus,  or  election  officer,  or  officer  or 

member  of  a  political  committee  or  convention,  etc.,    .          .          .139 
for  illegal  voting  or  attempting  to  vote,  placing  distinguishing  mark  on 

ballot, 139,  140 

for  violating  provisions  of  section  101,  .          .          .          .          .139 

for  making  false  statement,  unlawfully  allowing  ballot  to  be  seen,         .       139 
for  giving  false  answer,  .          .          .          .          .          .          .          .          .140 

for  refusing  to  give  true  name,  information,  etc.,        .         .          .        140,  141 


INDEX.  179 

PAGE 

Penalty,  for  giving  name  of  non-resident,   . 141 

for  false  affidavit,  oath  or  certificate,         .          .          .          .         .         .       141 

for  registering  when  not  qualified,  false  representation,  answer,  etc.,    .       141 
for  disorderly  conduct,  etc.,  at  registration,        ....         141,  142 

for  interfering  with  supervisor  of  registration,    .          .          .          .          .142 

for  defacing  or  removing  notice,  voting  lists,  warrants,  etc.,         .          .       142 
for  aiding  person  in  illegal  voting,  interference  with  voter,  etc.,  .          .       142 
for  altering  ballot  cast  at  a  primary  or  caucus,  illegally  depositing  or 

removing  ballot,  etc.,        ........       142 

for  falsely  making,  filing,  suppressing,  defacing,  etc.,  certificate,  nom- 
ination paper  or  letter,      .          .          .          .          .          .          .          .142 

on  magistrate  taking  oath  of  signer  to  nomination  paper,  .  .  .142 
for  writing,  printing,  posting,  distributing,  etc.,  anonymous  circulars, 

etc., 143 

for  obstructing  or  interfering  with  transmission  of  ballots  or  returns,  .       143 
for  posting,  distributing,  etc.,  certain  posters,  cards,  etc.,    .          .          .       143 
for  injuring  or  destroying  ballot  box,  blanks  or  apparatus,  .          .       143 

for  refusal  or  neglect  to  comply  with  regulations  relative  to  receiving, 

counting  and  returning  votes,  etc.,     .          .          .          .          .          .143 

for  interfering  with  election  commissioner,  city  or  town  clerk  or  elec- 
tion officer,      ..........       143 

for  preventing,  hindering,  molesting,  etc.,  supervisor  of  elections,  .  144 
for  printing  or  distributing  ballot  in  violation  of  section  370,  .  .  144 
for  defacing,  destroying,  etc.,  lists,  cards,  ballots,  supplies,  etc.,  .  .  144 
for  forging,  etc.,  endorsement,  destroying,  etc.,  or  delaying  delivery  of 

ballots, 144 

for  obstructing  or  delaying  voter,     .          .          .          .          .          .          .144 

for  interfering  with  or  inducing  voter  to  show  ballot,  .          .          .144 

for  aiding  or  abetting  in  illegal  voting,      .....         144,  145 

for  marking  ballot  contrary  to  law,  ......       145 

for  altering,  depositing  or  removing  ballot  with  intent  to  defraud,        .       145 
for  removing  ballot  from  enclosed  space,  .          .          .          .          .          .145 

for  employing,  etc.,  certain  persons  on  day  of  state  election,        .          .       145 
for  attempting  to  influence  voters  by  threats,  etc.,     ....       145 

for  bribery  at  elections,  .          .          .          .          .          .          .          .          .145 

for  disorderly  conduct  at  primaries,  caucuses,  or  elections,  .          .       146 

for  disobeying  orders  of  election,  primary,  or  caucus  officers,        .          .       146 
for  not  removing  pipe,  cigar,  liquor,  etc.,  .....       146 

for  giving  information  regarding  challenged  votes,      .          .          .          .146 

for  violating  provisions  relative  to  corrupt  practices,  .          .          .146 

supreme  and  superior  court  may  enforce,  provisions,  .          .          .146 

for  violating  provisions  relative  to  political  advertisements  and  con- 
tributions,      ..........       150 

Plurality  of  votes,  person  receiving  highest  number  of  votes  to  be  declared 

elected  or  nominated,        ......  7,  38,  42,  63 

Police  officers,  to  be  detailed  to  attend  sessions  for  registration,  to  preserve 

order,  etc.,       ..........         25 

to  be  stationed  at  polling  places  to  preserve  order,  etc.,      .          .          .  93,  94 


180  INDEX. 


PAGE 


Police  officers,  to  retain  key  of  ballot  box  during  an  election,         ...         92 

to  return  ballot  box,  ballots  and  voting  list  to  city  or  town  clerk,         .  92,  99 

to  take  persons  violating  provisions  of  law  into  custody,  etc.,      .          .         94 

Political  advertisements,  unsigned,  prohibited,    .,-.,.,          .          .          .         149,  150 

Political  committee,  term  defined,      ........  6 

election,  organization,  etc.,      ........   37-39 

members  of,  to  receive  certificate  of  election,     .          .          .          .          .  42,  43 

receipt,  payment,  etc.,  of  money  by,  for  election  expenses,  etc.,  .          114-120 
to  have  a  treasurer,  accounts,  statements,  etc.,  .          .          .         116-119 

(See  also  City  committee,  and  Town  committee.) 

Political  contributions,  certain  corporations  not  to  make,     .          .          .         149,  150 
Political  convention,  term  defined,     ........  6 

Political  designation  of  candidates,    .......      66,  69,  84 

Political  meetings,  the  holding  of,  regulated,        ......  40-63 

Political  party,  term  defined,     .........  6 

Political  parties,  to  elect  committees,          .          .          .          .          .          .          .  37,  38 

representation  of,  on  boards  of  registrars  of  voters,  etc.,     ...         16 
use  of  name  of,  in  designation  of  candidates,     .....         66 

committees  of,  to  be  notified  of  objections  to  nomination,  ...         69 
representation  of,  among  election  officers,  .....  75-78 

to  annually  elect  a  state  committee,          ......         37 

members  of  state  committees  in  certain  senatorial  districts  to  be  elected 

by  direct  plurality  vote,   .          .          .          .          .          .          .          38,  1 48 

to  annually  elect  a  ward  or  town  committee,     .....         38 

no  person  can  act  in  caucuses  of  two  parties,     .          .          .          .          .41 

acceptance  by,  of  provisions  of  law  for  the  use  of  official  ballots  at 

caucuses,          ..........  46,  47 

may  revoke  such  action,  .          .          .          .          .          .          .          .47 

proceedings  for  such  purpose,  .          .          .          .          .  .47 

no  two,  to  hold  caucuses  on  same  day,      .          .          .          .          .          .  41,  47 

Polling  place,  term  defined,        .........  7 

Polling  places,  in  each  precinct,  to  be  provided,  fitted  up,  furnished,  etc.,  45,  48,  78,  79 
distribution  of  circulars  and  printed  matter  in  the  vicinity  of,      .          .  91,  92 
Polls,  assessed.     (See  Assessed  polls,  list  of.) 
Polls,  time  of  opening  and  closing,     .          .          .          .          .          .          .          .         91 

in  towns,  to  be  kept  open  at  least  one  hour,  for  reception  of  votes  on  the 

license  question,       .          .          .          .          .          .          .          .          .91 

Posters  or  circulars,  anonymous,  protection  of  candidates  against,          .          .143 
distribution  of,  in  vicinity  of  polling  places,       .          .          .          .          .  91,  92 

Precept  for  an  election,  to  be  issued  by  the  governor  in  certain  cases,  .          .       Ill 
for  an  election  of  representative  in  general  court,  to  be  issued  by  speaker, 

by  order  of  the  house,  etc.,        .          .          .          .          .          .          .111 

Precinct  caucuses,  polling  places  to  be  furnished,  etc.,  .          .          .       40,  41,  48 

appointment  of  officers  to  serve  at,  .          .          .          .          .          .          .56 

returns  of,     ...........         64 

returns  to  be  tabulated  by  city  or  town  clerk,   .....         64 

city  or  town  clerk  to  issue  certificates  and  notify  committees  of  election 

of  delegates  and  members  of  ward  and  town  committees,      .          .         64 


INDEX.  181 

PAGE 

Precincts,  voting  lists  to  be  prepared  by,    .......        26 

list  of  voters  to  be  posted  in,  .....  26 

clerks  of.     (See  Election  officers.) 

election  officers  in.     (See  also  Election  officers.)          .         .          .          .  74,  75 

in  cities,  division  into,     .........         72 

when  ward  is  divided  into,  map  or  description  to  be  published,  etc.,     .  72,  73 
proceedings  in,  when  new  division  of  wards  is  made,  .          .          .72,  73 

secretary  of  the  commonwealth  to  be  notified  of  changes  in,  etc.,          .         74 
street  lists  of  assessed  polls  of,  to  be  made  and  distributed,          .          .         12 
polling  places  in,  to  be  designated  by  board  of  aldermen,  etc.,     .          .         78 
in  towns,  division,  secretary  of  the  commonwealth  to  be  notified,          .  73,  74 
duties  of  selectmen  in  relation  to  division,          .....         73 

may  be  changed  or  discontinued,      .          .          .          .          .          .          .  73,  74 

map  or  description  of,  to  be  posted,  .          .          .          .          .          .  73,  74 

election  of  town  officers  by,  authorized,     .          .          .          .          .          .133 

vote  on  license  question  by,  authorized,    .          .          .          .          .          .133 

not  to  be  authorized  for  special  elections,  .....       133 

in  towns  of  over  five  thousand  inhabitants,  street  lists  of  assessed  polls 

to  be  made  and  distributed,       .          .          .          .          .          .          .12 

clerks  of,  to  be  provided  with  suitable  seals,      .          .          .          .          .  80,  81 

to  deliver  seals  and  records  to  city  or  town  clerks  or  election  commis- 
sioners, upon  ceasing  to  hold  office,     .          .          .          .          .          .81 

to  record  condition  of  ballot  box  register,  .          .          .          .          .  92,  97 

to  record  facts  when  state  ballot  box,  apparatus,  and  blank  forms  can- 
not be  used, 92,  97 

to  record  in  words  at  length  names  of  persons  voted  for,  number  of  votes 

for  each,  and  title  of  office,  etc.,          ......         98 

to  deliver  copy  of  record  to  city  or  town  clerk  or  election  commissioners 

forthwith,        .  98,  105 

President  and  vice  president  of  the  United  States,  electors  of.     (See  Electors.) 

Presiding  election  officers,  powers  and  duties  of,  .          .          .          91-94,  97-99 

to  direct  how  balloting  shall  proceed  when  state  ballot  box  cannot  be 

used, 92 

to  direct  how  canvass  of  votes  shall  be  made  when  state  apparatus  and 

blank  forms  cannot  be  used,  .  . "  .  .  .  .  .  97 
may  require  voter  to  declare,  under  oath,  inability  to  mark  ballot,  .  95 
duty  of,  when  right  of  person  to  vote  is  challenged,  .  .  96,  97 

penalties  on,  ........  137-139 

Presiding  officer,  term  defined,  .......  7 

election  of,  at  town  meeting,   .          .          .          .          .          .          .         125,  126 

to  detail  two  inspectors  to  act  as  ballot  clerks, 

to  be  sworn,  ........  77 

may  appoint  additional  tellers,          ......  77 

compensation,         ..........         77 

may  order  disorderly  persons  to  withdraw,  etc., 

penalties  on,  ......  137-139 

(of  caucus)  to  cause  specimen  ballots  to  be  posted  in  polling  place,       .         53 
(with  secretary  of  caucus)  to  notify  delegates,  officers  elect,  etc.,  .  42,  43 


182  INDEX. 


PAGE 


Presiding  officer,  duties  of,  .          .          .          .          .          .          .          .  53,  54 

of  convention  or  caucus,  blank  certificates  of  nomination  to  be  fur- 
nished for  the  use  of,         ........         70 

to  make  oath  to  and  sign  certificates  of  nomination,  etc.,    ...         64 

Primaries  or  joint  caucuses,       .........  56-61 

conduct  of,    ...........         57 

acceptance  of  provision  of  law  relative  to,          .....         57 

acceptance  may  be  rescinded,  .......         57 

notice  of  intention  to  participate  in,  to  be  furnished,  .          .          .         57 

notices  of,  time  of  filing,  etc.,  .......  57,  58 

days  of  holding,      .          .          .          .          .          .          .          .          .          .58 

in  Boston  to  be  held  by  precincts,  etc.,     .          .          .          .          .  -       .         58 

nominations,  ....          .          .....         58 

ballots,  ballot  boxes,  etc.,        ........         58 

officers  to  serve  at,          .........  58,  59 

polls  to  be  open  not  less  than  nine  hours  in  cities  or  four  hours  in  towns,         59 
enrolment  of  voters  at,    .          .          .          .          .          .          .          .          .  59,  60 

voters  may  change  enrolment,  .......  59,  60 

voter  denying  enrolment  to  take  oath,      .          .          .          .          .          .60 

counting  of  votes,  .          .          .          .          .          .          .          .          .60 

election  commissioners  and  city  or  town  clerks  to  canvass  returns  of 

votes,  determine  results,  issue  certificates,  etc.,    ....         60 

vacancies,  how  filled,       .          .          .          .          .          .          .          .          .61 

recounts,  filing  of  petitions  for,  in  Boston,          .          .          .          .          .61 

provisions  of  law  relative  to  corrupt  practices  to  apply  to  nominations  by,       1 20 
evidence  in  prosecutions  for  violation  of  laws  relating  to,    .          .          .  9 

Primary,  term  defined,      ..........  7 

Prison  commissioners,  etc.,  to  transmit  to  election  commissioners  of  Boston 

list  of  certain  persons  confined  in  institutions,     .          .          .          .14 

Proclamation,  to  be  published  after  examination  of  returns  of  votes  for  presi- 
dential electors,        .........       102 

to  be  made  convening  the  legislature,  upon  failure  to  elect  majority  of 

presidential  electors,          .          .          .          .          .          .          .          .110 

Prosecution  for  violation  of  laws  relating  to  registration  of  voters,  etc.,  or  to 

primaries,  caucuses  or  elections,  evidence  in,  .          .          .9,  10 

Publications,  anonymous,  prohibited,          ......        149,  150 

Public  officer,  penalty  on,  for  wilful  neglect,  etc.,          .....       139 

Q. 

Qualifications  of  voters,    .          .          .          .          .          .          .          .          .          .10 

examination  of,  in  certain  cases,       .......  22 

evidence  in  prosecutions  for  violating  laws  relating  to,         ...  9 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,      .  120 

to  be  ascertained  before  registration,  etc.,          .          .          .          .          .  21 

ability  to  read  constitution,  how  ascertained,  .  .  .  .  .  22 

Questions,  to  be  submitted  to  be  printed  on  ballot,     .....  85 


INDEX.  183 


K. 

PAGE 

Record  of  ballots  cast  on  question  of  granting  liquor  licenses,  correction  of 

errors  in, 108-1 10 

Record  of  number  of  ballots,  etc.,  furnished,  and  receipt  for  same  to  be  pre- 
served, etc.,     ..........  87,  89 

Records  of  votes,     . 97,  98,  100-107 

copies  of.     (See  Returns  of  votes.) 
Recount  of  ballots.     (See  Ballots,  recount  of.) 
Reducing  wages  of  voter  on  account  of  vote,  penalty  for,     ....       145 

Register  of  deeds,  election,  term  of  office,  residence,     ....  90,  122,  124 

returns  of  votes  for,  to  be  made  to  county  commissioners;  in  Chelsea, 
Revere  and  Winthrop,  to  election  commissioners  of  Boston,  within 
ten  days,  etc.,  .........       101 

election  commissioners  of  Boston  to  examine  votes  for,  in  Suffolk 
county,  notify  persons  elected  and  secretary  of  the  common- 
wealth,    .104 

county  commissioners  to  examine  votes  for,  notify  persons  elected  and 

secretary  of  the  commonwealth,          .          .          .          .          .          .104 

in  case  of  failure  to  elect  or  vacancy,  county  commissioners  to  issue 

precept  for  new  election,  .....  .112 

in  Suffolk  county  precept  for  new  election  to  be  issued  by  the  board  of 

aldermen  of  Boston,          ....  .112 

vacancy  in  office  of,  to  be  filled  by  appointment  until  an  election,       .       112 
in  case  of  vacancy  in  office  of,  secretary  of  the  commonwealth  to  be 

notified,  ......  .  113 

Register  of  probate  and  insolvency,  election,  term  of  office,  etc.,   .          .  90,  122,  124 
returns  of  votes  for,  to  be  made  to  secretary  of  the  commonwealth,    .       101 
in  case  of  failure  to  elect  or  vacancy,  governor  to  issue  precepts  for  new 

election,  .....  ....       Ill 

vacancy  in  office  of,  to  be  filled  by  appointment,  etc.,  .       Ill 

Registers  of  voters,  annual,  to  be  kept,       .......  20,  21 

preparation  of,        ......  ...  20-25 

names  entered  in,  lists  of,  to  be  prepared  and  posted,  etc.,  .  25,  26 

additional  names  entered  in,  to  be  posted  or  published,  etc.,        .  27 

Registers  of  voters,  general,  to  be  kept  in  cities  and  towns,  .  .         20 

to  contain  name,  age,  birthplace,  residence,  occupation,  etc.,  of  each 

voter, 20 

form  of;   books  for,  to  be  furnished  by  the  secretary  of  the  common- 
wealth at  cost,          ...  .  20 

Registrars,  term  defined,  .......  -7 

Registrars  of  deaths,  to  send  lists  of  certain  deceased  persons  to  the  registrars 
of  voters,         ...  ... 

Registrars  of  voters,  appointment  of,  term  of  office,  etc., 

not  to  hold  certain  other  office, 17,  li 

clerk  of, 15 


184  INDEX. 


Registrars  of  voters,  selectmen  and  town  clerk  to  constitute  a  board  of,  in 

towns  of  less  than  three  hundred  voters,      .          .          .          .          .  15,  16 

to  post,  in  place  of  registration,  laws  prescribing  penalty  for  illegal 

registration,    .          .          .          .          .          .          .          .          .          .13 

political  representation  on  boards  of,         .          .          .          .          .          .16 

duties  of  mayor  or  selectmen  when  leading  political  parties  are  not 

equally  represented,  .          .          .          .          .          .          .          .16 

vacancies  in  office  of,  .          .          .          .          .          .          .          .16 

powers,  duties,  compensation,  etc.,  .          .          .          .  .          .  16,  17 

to  consider  objections  to  nominations  for  town  offices,         ...         68 
sessions  of,     ...........   18-20 

to  be  provided  with  rooms,      .          .          .          .          .          .          .          .18 

to  give  notice  of  time  and  place  of  holding  sessions,  etc.,     .          .          .  19,  20 
to  keep  records  of  legal  voters,          .......         20 

not  to  register  voters  after  ten  o'clock  P.M.  of  the  last  day  of  registra- 
tion,        19 

to  transmit  to  assessors,  list  of  women  voters  of  previous  year,    .          .         21 
to  register  women  whose  names  are  on  list  received  from  assessors,       .         21 
to  receive  tax  bill,  or  notice  from  collector,  as  prima  facie  evidence  of 

residence,         .          .          .          .          .          .          .          .          .          .21 

to  prepare  annual  register  of  voters,  ......         20 

to  ascertain  ability  of  voter  to  read  constitution,  how,         .          .          .  21,  22 
to  examine  applicants  for  registration  under  oath,  etc.,       .          .          .         21 
to  revise  and  correct  general  register,  strike  therefrom  names  of  persons 

deceased,  etc.,  .........         23 

to  require  production  of  naturalization  papers  in  examination  of  natu- 
ralized citizen,          .          .          .          .          .          .          .  22 

may  register  qualified  minor  if  he  will  be  twenty-one  years  of  age  before 

election,  etc.,  ..........         22 

to  notify  applicant  in  case  of  declination  or  rejection,          .          .          .  22,  23 
duties  of,  upon  complaint  of  illegal  or  incorrect  registration,        .          .  23,  24 
to  notify  assessors  of  errors,     .          .          .          .          .          .          .          .  24,  25 

to  preserve  complaints,  certificates,  etc.,  for  two  years,        ...         25 
authority  of,  to  maintain  order,  etc.,         ......         25 

to  act  in  open  session  and  keep  record  open  to  public  inspection,          .         25 
to  distinctly  announce  name  of  applicant  before  adding  name  to  gen- 
eral register,    ..........         25 

to  place  names  of  voters  entitled  to  use  partial  ballots  at  end  of  the  list 

of  voters,  etc.,          .........         26 

to  publish  or  post  names  entered  in  annual  register,  etc.,    .          .          .  26,  27 
to  prepare  and  post  voting  lists,  etc.,         ......  25-27 

to  prepare  street  lists  in  wards  within  Suffolk  senatorial  districts,         .         26 
to  return  to  the  secretary  of  the  commonwealth  the  number  of  voters 

who  are  entitled  to  use  partial  ballots,  etc.,          ....         28 

to  give  certificate  to  person  whose  name  has  been  omitted  from  list  of 

voters,  etc.,     ..........         27 

to  seasonably  transmit  voting  lists  to  election  officers,         ...         27 


INDEX.  185 


Registrars  of  voters,  to  certify  to  the  secretary  of  the  commonwealth  the 

number  of  assessed  polls  and  registered  voters,    ....         28 

to  furnish  on  request  certified  copy  of  voting  list  for  use  at  caucus,      .         28 
to  canvass  returns  of  certain  caucuses  where  direct  nominations  are 

made,     ...........         43 

to  certify  to  number  of  signatures  on  nomination  papers,    ...         65 
to  consider  objections  to  nominations  of  candidates  for  city  and  town 

offices 68 

to  cause  lists  of  candidates  and  copies  of  proposed  constitutional  amend- 
ment to  be  posted  in  each  town  or  voting  precinct,      ...         88 

penalties  on, .  136,  138,  139 

to  recount  votes  cast  at  elections,    ......         108-110 

may  employ  assistance  in  recounting  votes,        .          .          .          .          .110 

not  to-make  or  allow  recounts  on  questions  not  designated  in  petitions,       109 
in  towns  divided  into  precincts,  to  canvass  returns  of  votes  for  town 

officers,  with  town  clerk,  .          .          .          .          .          .          .          .133 

in  cities,  to  make  list  of  voters  for  use  in  new  division  of  wards,  .  28,  29 

in  certain  cities,  to  return  number  of  male  and  female  voters  to  city 

clerks, 28 

assistant,  appointment,  powers,  duties,  compensation,  etc.,          .          .  17,  18 
qualifications,  removal,  vacancy,  etc.,       .          .         .         .         .          .  17,  18 

in  Boston,  appointment  of,      ........  33,  34 

Registration  of  voters,      .....  ....  18-25 

in  villages,     .          .          .          .          .          .          .          •          •          •          .  18,  19 

evidence  in  prosecutions  for  violation  of  laws  of,  9 

notice  to  be  given  of  times  and  places  for,  etc.,  ...  19 

when  to  cease,        .... 

age,  birthplace,  residence,  etc.,  of  voter  to  be  entered  on  general  register,        20 
any  registrar  may  receive  applications  for,  and  make  examinations,  etc.,         19 
applicant  for,  to  apply  in  person,      . 

to  present  tax  bill,  or  notice  from  collector  of  taxes,        .          .          .         21 
in  Boston,  to  present  certificate  from  listing  board, 

whose  names  have  not  been  entered  in  annual  register,    .  .21 

minor  may  be  registered  if  he  will  be  twenty-one  years  of  age  before 
election,  etc.,  ...... 

naturalized  citizen  to  produce  naturalization  papers  at,  etc., 

errors  in  names,  etc.,  may  be  corrected  or  names  may  be  stricken 

from  registers  upon  notice  and  examination, 

proceedings  in  case  of  illegal  or  incorrect,  .  23,  24 

when  final  day  falls  on  Sunday  or  holiday, 
supervisors  of,  to  be  appointed  by  governor  and  council  upon  petition, 

powers  and  duties,  . 

to  be  in  public  and  record  to  be  open  for  inspection,  .        25 

at  close  of,  number  of  assessed  polls  and  registered  voters  to  be  certi- 
fied to  the  secretary  of  the  commonwealth, 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,     120,  121 
penalty  for  disorderly  conduct  at,    .         .         .         .         •         .141,  142 


186  INDEX. 


PAGE 


Registration  of  voters,  penalties  for  violation  of  provisions  relating  to,  .          .136 
for  special  elections,        .          .          .          .          .          .          .          .          .19 

Registration  and  listing  in  Boston,     ........  29-37 

Representative  districts,  consisting  of  more  than  one  town  or  city,  place  to  be 
designated  where  clerks  shall  meet  to  ascertain  the  result  of  elec- 
tion; notice  to  be  given,  .......         105,  106 

place  of  meeting  may  be  changed  once  in  two  years;    notice  to  be 

given,  .  .  105,  106 

city  and  town  clerks  to  record  and  return  names  of  persons  voted  for 

and  number  of  votes  for  each  person,          .....       105 

duplicate  certificates  of  election  to  be  made,  etc.,       ....       106 

commissioners   to   apportion   Suffolk   county   into,    election,  powers, 

duties,  etc.,     .  ....  .  123,  124 

Representatives  in  congress,  to  be  elected  biennially  on  the  Tuesday  next  after 

the  first  Monday  in  November,  .....  90,  122 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth, ...........       101 

proceedings  in  case  of  failure  to  elect  or  vacancy,       .          .          .          .111 

Representatives  in  the  general  court,  to  be  elected  on  the  Tuesday  next  after 

the  first  Monday  in  November,  .          .          .          .          .  90,  121 

blanks  for  the  nomination  of  candidates  for,  to  be  furnished  to  city 

and  town  clerks,       .........         70 

certificate  of  election,  form,  etc.,      .......       106 

return  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth, ...........       106 

when  there  is  no  choice,  certificate  to  be  transmitted  to  the  secretary  of 

the  commonwealth,  .          .          .          .          .          .          .          .111 

when  vacancy  occurs,  speaker  to  appoint  time  for  election,  when  ordered 

by  the  house,  .          .          .          .          .          .          .          .          .111 

Residence,  etc.,  of  candidate  in  caucus,  to  be  on  ballot,        .          .          .          .  52,  53 

voter  removing  to  another,  may,  until  the  expiration  of  six  months, 

vote  at  state  election  in  place  removed  from,       .          .          .          .10 

voter  to  register  and  vote  at  place  of,  on  May  1,  etc.,          .          .          .         11 
of  persons  assessed,  to  be  ascertained  by  assessors  and  returned  to  reg- 
istrars,   .          .          .          .          .          .          .          .          .          .          .  11,  12 

how  determined  in  certain  cases,      .          .          .          .          .          .          .  12,  13 

errors  in,  to  be  corrected  by  assessors,       .          .          .          .          .          .11 

of    voter,   to    be  entered  opposite    name  on    registers  and    voting 

lists, .          20,21,25,26 

to  be  added  to  name  on  nomination  paper,        .....         65 

of  candidate,  to  be  on  certificate  of  nomination  and  nomination  paper,         66 
of  candidate,  to  be  upon  ballot,        .          .          .          .          .          .          .  83,  84 

Result  of  an  election,  when  to  be  declared  in  a  city,    .          .          .          .          .110 

Returns  of  elections,  whole  number  of  ballots  to  be  stated  in  words  at  length 

in,  etc., 106,  107 

made  by  precinct  officers,  examination  of,          .          .         .         .          .       100 
in  towns  voting  by  precincts,  how  canvassed,    .....       133 


INDEX.  187 


Returns  of  votes,  blank  forms  and  envelopes  for,  to  be  furnished  by  the  secre- 
tary of  the  commonwealth,        .......         80 

not  to  be  rejected  when  the  true  result  of  election  can  be  ascer- 
tained,   .  100,  107 

for  county  officers,  to  be  made  and  transmitted,         ....       101 

for  representative  in  congress,  .          .          .          .          .          .          .101 

for  representative  in  general  court,  .......       106 

amended,  to  be  made,     ......  101,  104,  105,  109 

for  register  of  deeds  in  Suffolk  county,  to  be  made  to  election  commis- 
sioners of  Boston,    .          .          .          .          .          .          .          .          .101 

to  be  examined  by  election  commissioners  of  Boston,  .          .          .       104 

for  county  treasurer  and  register  of  deeds,  county  commissioners  to 
examine;  to  notify  persons  elected  and  secretary  of  the  common- 
wealth, etc.,     ..........       104 

for  county  commissioners,  board  of  examiners  to  examine;   to  notify 

persons  elected  and  secretary  of  the  commonwealth,    .          .          .       104 
for  county  commissioners,  in  Revere  and  Winthrop,  to  be  made  to 

clerk  of  courts  of  Middlesex  county,  .          .          .       '  .          .          .101 
not  invalidated  by  violation  of  provisions  relative  to  ballot  boxes, 

apparatus,  canvassing  votes,  etc.,       ......       107 

for  state  officers,  to  be  made  to  the  secretary  of  the  commonwealth,    .       101 
when  received  unsealed,  to  be  endorsed  and  new  return  called  for,       .       101 
memorandum  of  date  of  reception  of,  to  be  made  upon  envelope,         .       101 
to  be  transmitted,  with  seals  unbroken,  to  governor  and  council,          .       102 
to  be  examined  by  the  governor  and  five  at  least  of  the  council,  .       102 

certificate  of  examination  to  be  made  and  signed  by  the  governor,       .       102 
to  be  replaced  in  envelopes,  and  with  certificate,  to  be  delivered  to 

secretary  of  the  commonwealth,          ......       102 

to  be  laid  before  senate  and  house,  together  with  schedules  showing 

number  of  ballots  cast,  etc.,       .          .          .          .          .          .          .102 

abstract  of,  may  be  furnished  newspapers,  etc.,  ....       102 

to  be  placed  on  file,  open  to  public  inspection,  .....       102 

Road  commissioners  of  towns,  number,  election,  term  of  office,  etc.,       .         127,  130 
Roll  call,  nomination  of  candidates  by,       .......  63,  64 

s. 

Sailors  and  soldiers  who  have  served  in  time  of  war,  etc.,  not  disqualified  by 

receiving  aid,  .......  10 

School  committee  in  towns,  election  of,       ......         127,  130 

School  committees,  women  may  vote  for  members  of,  •  10,  11 

women  may  sign  nomination  papers  for  candidates  for,       .  .         65 

ballots  for  the  use  of  women  voting  at  the  election  of,         .          .    85,  86,  133 
women  eligible  as  members  of,          .          .          .          .          .          -          .128 

convention  to  nominate  candidates  for,  in  Boston,     .          .  .63 

Seals  to  be  provided  for  use  of  election  officers,  ....  .80 

Secretary  of  caucus,  election,  duties,  etc.,  .          .         .         .          .45,  46,  54-56,  64 


188  INDEX. 


Secretary  of  city  committee,  to  file  with  secretary  of  commonwealth,  city 

clerk  and  secretary  of  state  committee  list  of  members  and  officers,  38,  39 
to  notify  secretary  of  the  commonwealth  of  acceptance  or  revocation  of 

provisions  applying  to  caucuses  at  which  official  ballots  are  used,        47 
duties  of,  when  caucus  nomination  papers  are  filed,    ....         50 

to  notify  ward  committee  if  caucus  nomination  papers  are  not  filed,  .         50 
with  chairman,  to  file  nomination  papers  in  certain  cases,  .          .          .         51 
to  deliver  nomination  papers  to  city  clerk,  or  election  commissioners,  .         51 
duties  of,  in  case  of  withdrawal,       .          .          .          .          .          .          .51 

Secretary  of  convention  or  caucus,  blank  certificates  of  nomination  to  be  fur- 
nished for  the  use  of,       ........         70 

to  make  oath  to,  sign  and  file  certificate  of  nomination,  etc.,    .          .         64 
Secretary  of  state  committee,  to  file  with  secretary  of  the  commonwealth  and 

city  and  town  committees  list  of  members  and  officers,          .          .         38 
(with  chairman)  to  send  city  and  town  committees  notice  of  call  of 

caucuses,          ..........         40 

Secretary  of  the  commonwealth,  to  be  elected  annually  on  the  Tuesday  next 

after  the  first  Monday  in  November,  ....  90,  121 

returns  of  votes  for,  to  be  transmitted  to  secretary  of  the  common- 
wealth,   101 

to  furnish  books  for  general  register  of  voters  at  cost,  ...  20 
to  furnish  constitution  printed  on  slips  and  box  to  registrars,  .  .  22 
to  receive  nominations  of  candidates  for  state  offices;  time,  etc.,  .  67,  68 

to  require  identification  of  persons  filing  nomination  papers,  .  .  67 
in  certain  cases  of  direct  nomination,  to  canvass  returns,  etc.,  .  .  43,  44 
not  required  to  receive  more  names  than  is  necessary  to  nominate,  with 

one  fifth  of  such  number  added  thereto,  .....  66 
to  receive  objections  to  nominations  and  withdrawals;  time,  etc.,  .  68,  69 
to  notify  candidate  and  party  committee  of  objections  to  nomination,  69 
to  preserve  nomination  and  ballot  papers,  records,  etc.,  for  one 

year, .  .70 

with  treasurer  and  auditor,  to  approve  blank  forms  for  use  at  elections,         80 
to  make  regulations  for  use  of  voting  machines,  ballot  boxes  and  count- 
ing apparatus,          .........         83 

to  provide  cities  and  towns  with  state  ballot  boxes,  apparatus  and 

blank  forms  for  use  at  elections,         ......  79,  80 

to  furnish  envelopes,  blank  forms,  etc.,  for  returns,  etc.,     ...         80 
to  furnish  instructions,  etc.,  for  election  officers,          ....         80 

to  prepare  and  furnish  ballots  for  use  at  state  elections,      ...         83 
to  supervise,  etc.,  the  care,  custody,  repair  and  improvement  of  state 

ballot  boxes,   ..........        80 

to  prepare  and  furnish  cards  of  instruction  to  voters,  ...         87 

to  prepare  and  furnish  specimen  ballots,  ......         87 

to  send  list  of  candidates  and  copies  of  proposed  constitutional  amend- 
ments to  registrars  of  voters  and  election  commissioners,      .          .  87,  88 
to  publish  lists  of  candidates  and  proposed  amendments  to  constitu- 
tion in  newspapers,  ........        88 


INDEX.  189 

PAGE 

Secretary  of   the  commonwealth,   to  send  ballots,  etc.,  to  city  and  town 

clerks  and  election  commissioners,     ......         89 

to  cause  memorandum  of  date  of  reception  of  return  of  votes  to  be 

made  on  envelope,  .          .          .          .          .          .          .          .          .101 

to  transmit  returns  with  seals  unbroken  to  governor  and  council,         .       102 
to  lay  returns  of  votes  for  governor,  etc.,  before  senate  and  house, 

together  with  certificate  of  examination  and  schedules  of  votes,  .       102 
to  countersign  and  transmit  certificates  of  election  to  certain  district 

and  county  officers,  ........       102 

to  furnish  newspapers  with  abstracts  of  returns  of  votes  upon  applica- 
tion,        102 

to  publish  returns  of  votes  for  state  officers,      .....       107 

to  place  returns  of  votes  on  file,  open  to  public  inspection,  .          .       102 

to  report  to  legislature  the  number  of  assessed  polls,  registered  voters  and 

number  of  persons  who  voted,  etc.,    ....  .       107 

with  attorney-general  to  approve  blank  forms  for  statement  of  election 

expenses,         .          .          .          .          .          .          .          .          .          .119 

to  provide  cities  and  towns  with  blank  forms  for  statements  of  election 

expenses,  etc.,          ......  119 

to  furnish  ballots  to  certain  towns  for  use  in  voting  upon  question  of 

granting  liquor  licenses,    .          .          .          .          .          .          .          .132 

to  inspect  statements  filed  with  him  under  provisions  relative  to  cor- 
rupt practices,          .          .          .          .          .          .          .          .  118 

to  preside  at  meetings  of  presidential  electors,  .          .          .          .          .114 

Secretary  of  the  electoral  college,  duties  of,          .          .          .          .          .          .114 

Secretary  of  town  committee,  to  file  with  secretary  of  commonwealth,  town 

clerk  and  state  committee  list  of  members  and  officers,          .          .  38,  39 
to  notify  secretary  of  the  commonwealth  of  acceptance  or  revocation 

of  provisions  applying  to  caucuses  at  which  official  ballots  are  used,         47 
duties  of,  when  caucus  nomination  papers  are  filed,    ....         50 

duties  of,  when  no  papers  are  filed  or  certain  vacancies  occur,     .          .         51 
duties  of,  in  case  of  withdrawal,        .          .   '       .          .          .          .          .         51 

to  deliver  nomination  papers  to  town  clerk,       .          .          .          .          .51 

Selectmen  of  towns,  number,  election,  term  of  office,  etc.,    .          .          127,  129,  130 
to  appoint  registrars  of  voters,  etc.,  .          .          .          .          .          .  15,  16 

to  appoint  registrar  of  voters  to  fill  vacancy,     .          .          .          .          .16 

duties  of,  when  leading  political  parties  are  not  equally  represented  on 

board  of  registrars  of  voters,      .          .          .          .          .          .          .16 

to  determine  compensation  of  registrars  of  voters;  to  furnish  them 

with  office  room,  aid,  etc.,          .          .          .          .          .          .          .17 

duties  of,  in  relation  to  establishing  or  changing  voting  precincts,         .  73,  74 
to  appoint  election  officers,      ........  74-77 

may  remove  election  officers  for  cause,  etc.,       .....         75 

to  preside  at  meetings  for  the  election  of  state  officers,  with  powers  of 

moderators,  etc.,      .........         76 

powers  and  duties  at  state  elections,          ......         77 

appointment  of  tellers  by,        .         . 77 


190  INDEX. 


PAGE 


Selectmen  of  towns,  may  appoint  clerk  pro  tempore  to  fill  vacancy,       .    77,  78.  134 
to  determine  compensation  of  supervisors  of  elections,         ...         78 
to  post  printed  description  of  polling  places,      .....         79 

to  designate  polling  places  in  precincts  thirty  days  before  election;  to 

cause  them  to  be  fitted  up,  furnished,  etc.,  .          .          .          .  78,  79 

may  make  regulations  for  the  use  of  ballot  boxes,  seals,  counting  appa- 
ratus, etc.,  receiving  and  returning  votes,  .....  9 

to  call  town  meetings,     ........          90,  124 

duties  of,  hi  the  count  and  canvass  of  votes,      .          .         .          .          .  97,  98 

to  certify  copies  of  records  of  votes,  .....        100,  101 

duties  of,  in  relation  to  election  of  representative  in  general  court,     105,  106 
to  call  meetings  for  election  of  state  officers,  etc.,       .          .          .        124,  125 
to  issue  warrant  for  town  meeting  directed  to  constables,  etc.,     .         124,  125 
may  call  two  or  more  distinct  meetings  by  the  same  warrant,      .          .125 
to  insert  in  warrant  calling  a  town  meeting  all  subjects  on  written  re- 
quest of  ten  or  more  voters,      .          .          .          .          .          .          .125 

may  order  a  town  meeting  at  any  time,    .          .          .          .          .          .124 

powers  and  duties  at  election  of  moderator  of  town  meeting,        .          .       126 
if  a  majority  vacate  office,  those  in  office  may  call  a  town  meeting,    .       125 
in  certain  towns  may  act  as  assessors  and  overseers  of  the  poor,  if  town 

so  votes,          ..........       131 

duties  of,  in  the  filling  of  vacancies  in  town  offices,     .          .          .        134,  135 
penalties  on,  ..........       139 

to  act  as  board  of  health,  if  none  is  chosen,        .          .          .          .          .128 

to  provide  places  for  holding  caucuses,      .          .          .          .          .          .  45,  48 

(See  also  Registrars  of  voters,  Election  officers,  and  Presiding  election 

officers.) 
Selectmen  of  towns  and  town  clerk,  to  be  registrars  of  voters  in  towns  of  less 

than  three  hundred  voters,        .          .          .          .          .          .          .  15,  16 

to  count  and  canvass  votes,  etc.,  at  state  elections  in  towns  not  divided 

into  voting  precincts,        .          .          .          .          .          .          .          .98 

to  examine  returns  of  election  officers,  etc.,  in  precinct  towns,     .          .       100 
Senators,  nomination  of,  in  certain  districts,        .          .          .          .          .  63,  148 

to  be  elected  annually  on  the  Tuesday  next  after  the  first  Monday  in 

November, 90,  121 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,   101 

Sewer  commissioners  of  towns,  number,  election,  term  of  office,  etc.,      .         127,  130 

Sheriffs,  election,  term  of  office, 90,123,124 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,   101 

in  case  of  failure  to  choose,  or  vacancy  in  office  of,  governor  to  order 

new  election,  .          .          .          .          .          .          .          .          .          .111 

in  case  of  vacancy  in  office  of,  appointment,  etc.,        .          .          .          .111 

Signatures,  number  required  on  nomination  paper,       .          .          .          .          .  64,  65 

to  be  made  in  person,      .........         65 

on  caucus  nomination  papers,  .......         49 


INDEX.  191 


Signatures,   requisite  number  of,  on  nomination  paper,  to  be  certified  by 

registrars  of  voters  or  election  commissioners,      ....  65,  66 

of  presiding  officer  and  secretary  required  on  certificate  of  nomination,         64 
Smoking  at  elections  forbidden,          .......  94,  146 

Soldiers,  who  have  served  in  time  of  war,  etc.,  not  disqualified  by  receiving  aid,         1 0 
Soldiers'  Home,  inmates  of;  may  be  assessed  and  vote  in  Chelsea,  .          .         11 

Speaker  of  the  house  of  representatives,  to  issue  precepts  for  an  "election  to  fill 

a  vacancy,       .          .          .          .          .          .          .          .          .          .111 

Special  ballot,  for  use  of  women  in  voting  for  school  committee,    .          .    85,  86,  133 
number  to  be  furnished,  ........         86 

Special  elections,  caucuses  for,  relative  to,  .          .          ,          .          .          .41 

registration  of  voters  for,          .          .          .          .          .          .          .          .19 

proceedings  at,       .          .          .          .          .  .          .          .113,  135 

Specimen  ballots,  to  be  prepared  and  furnished,  .          .          .          .          .87 

to  be  posted  in  polling  place,  .          .          .          .          .          .          .          .91 

(caucus)  at  which  official  ballots  are  used,          .          .          .          .          .  52,  53 

State  ballot  law  commission,  appointment,  powers,  duties,  etc.,     .          .          .  70,  71 
may  summon  witnesses,  ........         71 

State  committees,  election,  organization,  etc.,      .          .          .          .37,  38,  43,  148 

nomination  and  election  of,  in  certain  senatorial  districts,  .          .    38,  43,  148 
secretary  of,  to  file  with  secretary  of  the  commonwealth  and  city  and 

town  committees,  list  of  members  and  officers,    ....         38 

vacancies  in  offices  of,  how  filled,     .......         38 

to  call  certain  caucuses, .........         40 

to  give  at  least  twenty-one  days'  notice,  ......         40 

to  forward  copy  of  call  to  city  and  town  committees,          ...        40 
to  file  copy  of  call  with  secretary  of  the  commonwealth,      .          .          .         41 
may  make  rules  and  regulations  for  its  proceedings,  etc.,    .  .         39 

may  make  rules  relative  to  caucuses,  etc.,          .          .          .  .39 

State  election,  term  defined,      ....  .  7 

to  be  held  on  the  Tuesday  next  after  the  first  Monday  in  November,   .         90 
officers  to  be  elected  at,  .          .          .          .          .          .          •          •          90,  121 

ballots  for,  to  be  prepared  and  furnished  by  secretary  of  the  common- 
wealth, ........•••         83 

provisions  relative  to  corrupt  practices  and  election  expenses  applica- 
ble to,     -       120 

State  office,  nomination  of  candidates  for,  ....  .   62-70 
State  officer,  term  defined,         ...  7 
State  officers,  to  be  elected  annually  on  the  Tuesday  next  after  the  first  Mon- 
day in  November,    ....                                                   90,  121 
returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,                                                  .101 

proceedings  for  determination  of  election  of,  etc.,        .         .  102-107 

State  offices,  proceedings  in  case  of  failure  to  elect  or  vacancy  in,  110-113 

Statement  of  election  expenses,  to  be  made  and  filed,  116-1 

to  be  preserved  for  fifteen  months,  open  to  public  inspection, 
inspection  of,  correction  of  errors,  complaints,  etc.,     .  .         118,  119 


192  INDEX. 


Statement  of  election  expenses,  blank  forms  for  statements  to  be  furnished  by 

the  secretary  of  the  commonwealth,    ....  119 

Statement  relative  to  elections,  not  to  be  made  prior  to  public  declaration  of 

vote, 93 

relative  to  ballots  cast  by  challenged  voters,  prohibited,      .          .  97,  110 

Stickers,  to  be  used  upon  official  ballots,     .          .          .          .          .          .          .  91,  92 

Street  lists  of  assessed  polls,  to  be  made  and  published,         ...  12 

form,  contents,  etc.,        .......  12 

assessors  to  send  copies  to  registrars  of  voters,  .          .          .          .          .12 

to  be  made  in  wards  within  Suffolk  senatorial  districts,       ...         26 

Substitute  ballots,  to  be  prepared,  furnished,  etc.,        .....         90 

Suffolk  senatorial  districts,  nomination  of  candidates  for  senator  and  members 

of  state  committee  in,       ........         63 

Sunday,  when  final  day  for  registration  falls  on,  .          .          .          .          .19 

Sundays  to  be  included  in  computing  time  in  election  laws,  ...  8 

Superior  court  and  supreme  judicial  court,  powers  in  proceedings  relative  to 

corrupt  practices  and  election  expenses,  etc.,       .  119 

Superior  court  in  Suffolk  county,  to  appoint  a  register  of  deeds  to  hold  office 

until  an  election,  in  case  of  a  vacancy,        .          .          .          .          .112 

Supervisors  of  elections,  to  be  appointed  by  governor  and  council,  powers, 

duties,  compensation,  etc.,         .......         78 

penalties  on,  .........  .       137 

Supervisors  of  registration,  to  be  appointed  by  governor  and  council  upon 

petition,  etc.,  powers  and  duties,        ......         25 

Supreme  judicial  court  and  superior  court,  powers  in  proceedings  relative  to 

corrupt  practices  and  election  expenses,  etc.,       .          .          .          .119 

Supreme  judicial  court  in  Suffolk  county,  to  finally  determine  contested  elec- 
tions of  presidential  electors,     ......         103,  104 

Surveyors  of  highways  of  towns,         .......          127,  128 

exemption  from  liability  to  hold  office  of,  .          .          .          .          .132 

T. 

Tax  bill,  to  be  prima  facie  evidence  of  residence,  to  registrars  of  voters,          .  21 

Taxes,  assessment  of,  upon  polls  and  estates,       ......  11-14 

correction  of  errors  in  lists  of  persons  assessed  for,      .          .          .          .11 

assessors  of.     (See  Assessors  of  taxes.) 

collectors  of.     (See  Collectors  of  taxes.) 
Tellers,  appointment  of,  to  assist  at  ballot  box,  in  checking  names  or  canvassing 

and  counting  votes  in  towns,     .          .          .          .          .          .          .77 

candidates  to  be  voted  for  not  eligible  to  appointment  as,  .          .          .  76 

Terms,  certain,  defined,     ..........  5-7 

Threats  or  bribes,  penalties  for  attempting  to  influence  voters  by,           .          .  145 

Tie  vote,  if  for  candidates  for  elective  office,  adjourned  caucus  may  be  held,  .  42 

if  for  delegate  to  convention,  other  delegates  to  fill  vacancy,        .          .  42 

if  for  caucus  officers,  or  committee  members,  vacancy  to  be  filled  by 

elected  members,     .........  42 


INDEX.  193 

PAGE 

Tie  vote,  proceedings  in  cases  of  direct  nomination,     .....        44 

failure  to  elect  state  officers  by  reason  of,  ....         110-113 

Time,  how  to  be  computed  in  election  laws,         ......  8 

Town  clerks,  election,  term  of  office,  etc., 127,  128,  130,  132 

failure  to  elect,  vacancy,  etc., 77,  78,  134 

to  be  members  of  boards  of  registrars  of  voters,          .          .          .          .  15,  16 

to  send  to  registrars  of  voters  names  of  certain  persons  deceased,          .         14 
to  receive  nominations  of  candidates  for  town  offices;  time,  etc.,          .  67,  68 
to  require  identification  of  persons  filing  nomination  papers,        .          .         67 
to  notify  candidates  and  party  committee  of  objections  to  nomination,        69 
to  preserve  certificates,  nomination  papers,  objections,  withdrawals, 

receipts  and  record  of  number  of  ballots  furnished  for  one  year,  70,  87,  89 
duties  of,  in  connection  with  the  establishment,  change,  or  discontinu- 
ance of  voting  precincts,  .          .          .          .          .          .          .          .  73,  74 

may  administer  oaths  to  election  officers,  .....         77 

may  administer  oath  to  supervisors  of  elections,         ....         78 

to  provide  for  safe  keeping  and  repair  of  ballot  boxes  and  counting 

apparatus,       .......  .80 

to  prepare  and  furnish  ballots,  cards  of  instruction  and  specimen  ballots 

for  town  elections,   .........   83-88 

to  send  ballot  boxes,  seals,  apparatus  and  blank  forms  to  election 

officers, .81 

to  provide  suitable  seals  for  precinct  clerks,       .          .          .          .          .  80,  81 

to  cause  lists  of  candidates  for  town  elections  to  be  posted,  etc.,  .        88 

to  return  receipts  for  ballots  to  the  secretary  of  the  commonwealth,     .         89 
to  cause  ballots,  etc.,  for  town  elections  to  be  packed  in  sealed  packages,         89 
to  deliver  ballots  for  town  elections  to  election  officers,       .  .  89,  90 

to  send  ballots,  cards  of  instruction  and  copies  of  proposed  constitu- 
tional amendments  to  election  officers,        .          .  .  89,  90 
to  retain  second  set  of  ballots  until  called  for  by  presiding  election 

officer,  ..........        89 

to  prepare  and  furnish  substitute  ballots  when  needed, 

to  record  condition  of  ballot  box  register,  .          .          .          .          .  92,  97 

to  record  facts  when  state  ballot  box,  apparatus  and  blank  forms 

cannot  be  used,        ....  .  92,  97 

to  record  in  words  at  length  names  of  persons  voted  for,  number  of  votes 

for  each  and  title  of  office,  etc., 
to  retain  ballots  the  required  time  and  then  cause  them  to  be  destroyed 

without  examination, 

to  retain  voting  lists  for  same  length  of  time  as  ballots  and  then  trans- 
mit same  to  registrars  of  voters, 

in  cases  of  direct  nomination  to  file  certificate  or  record  of  voters,       .  43,  44 
may  furnish  copy  of  voting  list  as  checked  upon  application  of  ten 

legal  voters,  etc.,     .......  .  55,  9( 

duties  of,  in  relation  to  erroneous  returns,  etc.,          .  100,  101,  104-106 

to  transmit  returns  of  votes, 43,  44,  101,  106 

to  make  new  returns  of  votes,  etc.,  ....         101>  104,  105 


194  INDEX. 


Town  clerks,  duties  of,  in  relation  to  election  of  representative  in  general 

court,     ...........       105 

to  certify  to  the  secretary  of  the  commonwealth  the  number  of  names 

of  voters  checked  on  list  as  having  voted,  etc.,  ....  .107 
to  retain  ballots  until  a  contested  election  is  determined,  etc.,  .  .  107 
duties  of,  relative  to  statements  of  election  expenses,  .  .  117-120 

to  preside  at  elections  of  moderators  of  town  meetings,        .          .          .126 
to  direct  distribution  of  ballots  used  in  taking  vote  upon  the  question 

of  granting  liquor  licenses,         .          .          .          .          .          .          .132 

to  issue  summons  and  administer  oaths  to  town  officers  elect,      .         131,  132 
penalties  on,  .........         136-139 

with  registrars  to  canvass  returns  of  votes  cast  in  precincts  for  town 

officers,  ..........       133 

to  notify  officers  elect,    .          .          .          .          .          .          .          .          .133 

to  prepare  blank  nomination  papers  for  use  in  certain  towns,       .          .         48 
to  prepare  ballots  for  use  in  caucuses  in  certain  towns,        ...         52 
to  determine  number  of  ballots  for  caucuses  if  not  otherwise  fixed,       .         52 
to  furnish  facsimile  copies  of  ballots,         ......         52 

to  deliver  ballots,  voting  lists,  etc.,  to  caucus  officers,          ...         53 
to  keep  packages  received  from  wardens  of  caucuses,  .          .          .  45,  54 

to  produce  same  if  required  by  court  or  convention,  .          .          .      45,  46,  55 
(See  also  Registrars  of  voters,  and  Election  officers.) 
Town  clerks  and  selectmen,  to  be  registrars  of  voters  in  towns  of  less  than 

three  hundred  voters,        .          .          .          .          .          .          .          .  15,  16 

to  canvass  and  count  votes,  etc.,  at  state  elections,  in  towns  not  di- 
vided into  voting  precincts,       .......         98 

to  examine  returns  of  election  officers,  etc.,  in  precinct  towns,     .          .       100 
Town  committees,  election,  term,  organization,  etc.,     .....  38,  39 

vacancies  in,  how  filled,  ........         39 

may  make  rules  for  its  proceedings,  ......         39 

may  make  rules  relative  to  caucuses,         ......         39 

secretary  of,  to  file  with  secretary  of  the  commonwealth,  clerk  of  town 

and  state  committee,  list  of  members  and  officers,  .  .  .  38,  39 
may  make  rules  for  determining  membership  in  party,  .  .  .39 
to  fix  days  for  holding  and  issue  calls  for  caucuses  relating  to  town 

elections,         ..........         47 

duties  of  chairman  or  secretary  when  no  nomination  papers  (caucus} 

are  filed  or  certain  vacancies  occur,    .          .          .          .          .          .51 

may  call  meeting  in  any  town  to  determine  by  ballot  whether  the 

provisions  of  law  for  the  use  of  official  ballots  shall  be  adopted,     .  46,  47 
proceedings  for  this  purpose,   ........  46,  47 

secretary  of,  to  file  notices  of  adoption  or  revocation,  ...         47 

Town  election,  term  defined,     .........  7 

Town  elections  or  meetings,  at  which  official  ballots  are  used,  term  defined,  .  7 

(See  also  Town  meetings.) 
Town  meetings,  qualification  of  voters  to  vote  in,         .          .          .          .          .10 

at  which  official  ballots  are  used;  term  defined,          ....  7 


INDEX.  195 


Town  meetings,  for  election  of  town  officers,  etc.,  to  be  held  in  February, 

March  or  April,        .........       124 

provisions  applicable  to,  .          .  .          .          .          124-126,  133 

for  state  and  town  elections,  calling  of,     .          .          .          .     90,  91,  124,  125 

for  election  of  state  officers  in  towns  not  divided  into  voting  precincts, 

selectmen  to  preside,         ........         76 

to  be  called  in  pursuance  of  a  warrant  under  the  hands  of  selectmen, 

etc.,        .  ....  ...        124,  125 

two  or  more  may  be  called  by  the  same  warrant,       .          .          .         .125 

time,  place,  subject,  etc.,  to  be  stated  in  warrants  for,  .  .  .  125 
may  be  adjourned,  etc.,  to  any  place  within  the  town,  .  .  .  124 
all  subjects  contained  in  written  request  of  ten  or  more  voters  to  be 

inserted  in  warrants  for,  .          .          .          .          .          .          .          .125 

voting  lists  to  be  furnished  for  use  at,  .          .          .          .         .27 

appointment  of  tellers  at,  etc.,          .......         77 

ballots  may  be  counted  in,  while  voting  is  in  progress,        ...        98 
proceedings  when  right  to  vote  is  challenged  in,          ....  96,  97 

may  be  called  by  a  justice  of  the  peace  upon  refusal  of  selectmen,  .  125 
may  be  called  by  a  minority  of  selectmen  when  majority  vacate  office,  125 
except  for  election  of  state  officers,  moderator  to  be  first  chosen,  when 

not  elected  for  term  of  one  year,        .          .          .          .          .          .125 

powers  and  duties  of  moderator  of.     (See  Moderators  of  town  meetings.) 
when  voting  list  is  to  be  used  in,  .          .         .         .          .          .131 

how  ballots  shall  be  deposited  in  certain,  .....       132 

penalties  on  moderator  of,        .......        137,  138 

penalty  for  illegal  voting  at,    .          .          .          .          .          .          .          .140 

for  removing  or  defacing  warrant,  etc.,  .....       142 

for  disorderly  conduct  and  illegal  voting  at,  .          .  140,  142,  144,  146 

holding  of,  for  all  other  business  except  election  of  officers  and  voting  on 

license  question,  in  towns  voting  by  precincts,     ....       133 

how  called,  in  such  cases,         .          .          .          ...          .          .       133 

(See  also  Meetings.) 
Town  officer,  term  defined,        .........  7 

when  number  and  terms  are  to  be  determined  or  changed,  in  towns 

where  official  ballots  are  used,  ..          .          .          .          .          .         135,  136 

failure  to  elect,  or  vacancy,     .......         133-135 

moderator  of  town  meeting  may  administer  oath  of  office  to,       .          .       131 
Town  officers,  number,  election,  terms  of  office,  etc.,    ....         126-133 

failure  to  elect,  vacancy,  etc.,  ......         133-135 

when  ballots  and  voting  lists  are  to  be  used,  in  the  election  of,    .        130,  131 

oath  of  office, 131,  132 

(See  also  Civil  officers.) 
Town  offices,  nomination  of  candidates  for,  in  towns  where  official  ballots  are 

used,       ........•••       135 

failure  to  elect,  or  vacancy  in,  .....  133-135 

vacated  by  removal  from  town,        % 

no  person  obliged  to  serve  two  successive  terms  in,    .          .          .          .       132 


196  INDEX. 

PAGE 

Town  treasurer,  election,  term  of  office,  etc.,       ....          127,  130,  132 

failure  to  elect,  or  vacancy,     .......         133-135 

Towns,  duties  of  assessors  in,    .........  11-13 

lists  of  assessed  polls  to  be  made  and  posted  in,          ....  11-13 

registrars  of  voters  in,.          .          .          .          .          .          .          .          .15-18 

sessions  for  registration  in,  .          .          .          .          .          .      18,  19,  25 

to  provide  suitable  rooms  for  the  registration  of  voters,      .          .          .         18 
time  for  registration  to  cease  in,       .          .          .          .          .          .          .19 

preparation  and  posting  lists  of  voters  in,  .....  25-27 

number  of  assessed  polls  and  registered  voters  in,  to  be  certified  to 

secretary  of  the  commonwealth,         ......         28 

may  be  divided  into  voting  precincts,       ......         73 

election  officers  in.     (See  Election  officers.) 

polling  places  in,  designation,  preparation  of,  etc.,      .          .          .          .  78,  79 

voting  precincts  in,  may  be  changed  or  discontinued,          .          .          .  73,  74 
state  ballot  boxes,  apparatus  and  blank  forms  to  be  provided  for  use  at 

elections  in,     ..........  79,  80 

to  keep  state  ballot  boxes  and  apparatus  in  good  repair  and  replace 

those  lost  or  destroyed,     ........         80 

selectmen  in,  may  make  regulations  as  to  use  of  seals,  ballot  boxes,  etc., 

and  counting  and  returning  votes,      ......  9 

ballots  to  be  prepared  and  furnished  for  elections  and  meetings  in,       .  83-87 
when  ballot  boxes  may  be  opened  in,  .          .          .          .          .92,  98 

ballots  cast  and  voting  list  used  in,  to  be  sealed  up  and  endorsed,        .         99 
ballots  cast  in,  to  be  retained  the  required  tune  and  then  destroyed 

without  examination,        .          .          .          .          .          .          .          .100 

voting  lists  used  in,  to  be  preserved,  etc.,  .....       100 

copy  of  voting  list  used  at  elections  in,  may  be  furnished,  ...         99 
appointment  of  tellers  in,         ........         77 

ballots  cast  in,  to  be  retained  until  a  contested  election  is  determined, 

subject  to  order,  etc.,        .          .          .          .          .          .          .          .       107 

recount  of  ballots  cast  at  elections  in,  certain  persons  may  be  present 

at, 108,  109 

recount  of  ballots  cast  in,         .......         107-110 

may  vote  that  official  ballots  shall  be  used  therein,    .          .          .          .135 

which  have  voted  that  official  ballots  shall  be  used  therein  may  rescind 

such  action,  etc.,      .........       135 

boards  of  health  in, .        128,  130 

may  establish  precinct  voting  for  town  officers,  and  on  license  ques- 
tion,      .          .          .          .          .          .          .          .          .          .          .       133 

highway  surveyors  in,     .          .          .          .          .          .          .          127,  128,  132 

returns  of  votes  cast  in  precincts  at  town  elections,  how  canvassed,      .       133 
to  do  all  other  business  at  subsequent  meeting,  .  .133 

time  and  place  of  such  subsequent  meeting  to  be  stated  in  warrant  for 

annual  election,        .....  .133 

may  purchase  approved  voting  machines, 

to  provide  polling  places,  booths,  etc.,  for  caucuses,  .          .         .          .  45,  48 


INDEX.  197 


PAG  I 


Towns,  to  provide  blank  nomination  papers,  for  use  in  certain  towns,    .          .         48 
to  provide  ballots  for  caucuses  in  certain  towns,          ....         52 

proceedings  in,  when  caucus  nomination  papers  are  not  filed,  etc.,       .         51 

selectmen  of.     (See  Selectmen  of  towns.) 

of  over  five  thousand  inhabitants,  street  lists  of  assessed  polls  to  be 

made  and  distributed  in,  .......         12 

with  less  than  three  hundred  voters,  selectmen  and  clerks  to  be  regis- 
trars of  voters  in,    .          .          .          .          .          .          .          .          .  15,  16 

Treasurer  and  receiver  general,  to  be  elected  annually  on  the  Tuesday  next 

after  the  first  Monday  in  November,  ....  90,  121 

returns  of  votes  for,  to  be  transmitted  to  the  secretary  of  the  common- 
wealth,    ...       101 

with  secretary  and  auditor,  to  approve  blank  forms  for  use  at  elections,         80 
Treasurer  of  political  committee,  qualifications,  appointment,  accounts,  state- 
ments, etc.,     .........         116-118 

Tree  warden,  election  of,  .........       127 

Two  leading  political  parties,  term  defined,          ......          7 

V. 

Vacancy,  in  board  of  registrars  of  voters,    .......         16 

in  list  of  candidates,  proceedings  in  case  of,  .         .         .      69,  70,  87 

in  election  officers,  .          .          .          .         .         .         .         .          .  75,  76 

of  city  clerk, 77,  78 

of  town  clerk,         .          .          .          .          .         .         .         .     77,  78,  133,  134 

of  town  treasurer,  ........         133,  134 

in  state  offices,        .........         110-113 

in  representative  in  congress,  .          .          .         .         .         .         .         .111 

in  representative  district,         .          .          .          .          .          .          .          .111 

in  office  of  presidential  electors,        .          .          .          .          .          .          .110 

in  district  and  county  offices,  .......         111-113 

in  town  offices,        .........         133-135 

in  office  of  moderator,    .........       125 

in  delegation  to  convention,  on  account  of  tie  vote,  how  filled,    .          .         42 
in  ward  or  town  committee  from  tie  vote,  how  filled,  .          .        42 

in  caucus  officers,  how  filled,    .....  .  42,  56 

in  state,  town  or  ward  committee,  how  filled,    .....  38,  39 

in  list  of  nominees  to  be  voted  for  in  caucus,  proceedings  in  case  of,     .  50,  51 
to  be  filled  by  chairman  and  secretary  of  city  or  town  committee,        .  50,  51 

Villages,  registration  of  voters  in,       ......  •  18,  19 

Vote,  right  to,  of  certain  soldiers  and  sailors,       .          .          .          .  .  10,  11 

right  to,  by  certain  persons  prevented  from  reading  or  writing  by  a 

physical  disability,  .... 
duty  of  presiding  election  officers,  when  right  to,  is  challenged,    .          .  96,  97 

Voter,  employed  in  manufacturing,  mechanical  or  mercantile  establishments, 

to  be  allowed  time  to  vote,        .... 
term  defined, ? 


198  INDEX. 


Voter,  who  served  in  army  or  navy  of  the  United  States  in  time  of  war,  not 

disqualified  on  account  of  receipt  of  aid,     .....         10 

changing  residence  within  the  commonwealth,  may,  until  the  expira- 
tion of  six  months,  vote  at  state  election  in  place  removed  from,    .         10 
qualifications  of,     .          .          .          .          .          .          .          .          .          .  10,  11 

to  register  and  vote  in  place  of  residence  on  May  1,  etc.,     .          .          .         11 
correction  of  error  in  name  or  residence  of,  by  assessors,     .          .          .         11 
correction  of  error  in  name  or  residence  of,  by  registrars,  etc.,      .       19,  23,  24 
not  to  be  registered  after  close  of  registration,  etc.,    .          .          .          .         19 

whose  name  is  not  entered  in  annual  register,  to  appear  in  person  for 

the  purpose  of  registration,  etc.,         .          .          .          .          .          .21 

name  of,  entitled  to  use  partial  ballots,  to  be  placed  at  end  of  list,  etc.,         26 
name  of,  to  be  entered  on  list  of  voters  of  precinct  where  he  is  entitled 

to  vote,  ..........         27 

when  name,  etc.,  of,  has  been  omitted  or  erroneously  entered  on  lists, 

may  be  given  a  certificate  of  right  to  vote,  etc.,  .          .          .          .         27 

signing  nomination  paper,  to  add  residence,  etc.,        .          .          .          .  49,  65 

may  subscribe  to  as  many  nominations  for  each  office  as  there  are 

persons  to  be  elected  thereto,    .......         65 

time  allowed  within  guard  rail  to  mark  and  deposit  ballot,  .          .  93,  96 

name  of,  to  be  announced,  repeated  and  checked  on  list  before  re- 
ceiving ballot,          .........         94 

marking,  etc.,  of  ballot  by,      ........         95 

arrested  for  disorderly  conduct,  etc.,  at  polls,  not  prohibited  from  voting,        94 
unable  to  mark  ballot,  to  receive  assistance,  etc.,        .          .          .          .         95 

spoiling  ballot,  may  be  supplied  with  others,  etc.,       ....         96 

name  of,  to  be  announced,  repeated  and  checked  on  list  before  deposit- 
ing ballot,        ..........         96 

to  deposit  ballot  in  a  certain  manner,        .....          96,  132 

not  allowed  to  re-enter  enclosed  space  after  voting,    ....         96 

proceedings  when  right  to  vote  is  challenged,     .          .          .          .          .  96,  97 

not  to  be  prevented  from  taking  part  in  caucus  if  he  takes  oath,    '       .         41 
penalties  on,  .          .  .......         139,  140 

Voters,  alphabetical  lists  of.     (See  Voting  lists,  and  List  of  voters.) 

list  of,  for  use  in  new  division  of  city  into  wards  (see  also  List  of  voters, 

and  Voting  lists),     .          .          .          .          .          .          .          .          .  28,  29 

nomination  of  candidates  by,  .......  64-66 

to  prevent  fraudulent  impersonation  of,  in  city  of  Boston,  .          .         37 

number  allowed  within  guard  rail,    .......         93 

intimidation  of,  how  punished,          .          .          .          .          .          .          .       145 

registration  of,  when  to  cease,  .          .          .          .          .          .          .19 

applying  for  registration  to  present  tax  bill,  or  notice  from  collector  of 

taxes,  etc.,      ..........         21 

to  prove  ability  to  read  constitution,  how,          .          .          .          .          .22 

qualifications  of,     ....  .....         10 

in  Boston,  to  write  their  names  upon  request,   .....        37 

women.     (See  Women  voters.) 


INDEX.  199 


Voters,  registers  of.     (See  Registers  of  voters.) 
registrars  of.     (See  Registrars  of  voters.) 
registration  of.     (See  Registration  of  voters.) 

Votes,  statement  of  the  number  of,  etc.,  not  to  be  made  before  the  public 

declaration,     .          .  .          .          .          .          .          .          .93 

receiving,  counting  and  return  of,  regulations  may  be  prescribed  for,    .  9 

count  and  canvass  of,     ........          97-100 

certain,  not  to  be  counted,       ........        99 

person  receiving  the  highest  number  of,  to  be  deemed  to  be  elected,     .  7 

returns  of.     (See  Returns  of  votes.) 
(See  also  Ballots.) 

Voting,  by  employees  of  manufacturing,  mercantile  or  mechanical  establish- 
ments, time  allowed  for,  etc.,    .......  8 

place  of,  to  be  place  of  residence,  etc.,       .          .          .          .          .          .11 

person  arrested  at  polls  for  disorderly  conduct,  etc.,  not  prohibited  from,         94 
for  town  officers,  by  precincts,  may  be  established,     .          .          .          .133 

upon  license  question  by  precincts,  may  be  established,       .          .          .       133 
in  city  of  Boston,  ..........         37 

Voting  lists,  places  for  posting,  ........  8 

to  be  posted, 26 

street  lists  to  be  used  as,  in  Boston,  ......        37 

preparation  of, 25-29,  37 

person  whose  name  has  been  omitted  from,  etc.,  to  be  given  a  certificate, 

etc., 27 

to  be  seasonably  transmitted  by  registrars  to  election  officers,      .          .         27 
in  duplicate,  to  be  prepared  and  furnished  for  use  at  elections,    .          .         27 
for  use  in  caucuses,          .........         28 

to  be  used  in  caucuses,    .........         42 

to  be  furnished  for  use  of  police  officers  in  primaries  and  elections  in 

Boston, 27,  28 

used  in  caucuses  to  be  kept,    .          .          .          .          .          .         45,  46,  54,  55 

to  be  delivered  to  election  officers,    .......        93 

names  of  voters  to  be  checked  on,  before  receiving  and  before  depositing 

ballots, 93 

at  close  of  polls,  names  checked  on,  to  be  counted  audibly  and  whole 

number  announced,  ........         97 

used  at  elections,  to  be  sealed  up,  certified,  etc.,         ....         99 

copy  of,  may  be  furnished  upon  application  of  ten  legal  voters,  etc.,     .  55,  99 
number  of  names  checked  on,  to  be  returned  to  secretary  of  the  com- 
monwealth,    ..........       107 

when  to  be  used  in  town  meetings,  .......       131 

evidence  in  prosecution  for  violation  of  laws  relating  to,      . 

inquests  to  be  held  in  cases  of  alleged  violation  of  laws  relating  to,          .       120 

penalty  for  defacing  or  removing,     .......       142 

Voting  machines,  examination  of,  etc.,        ......       79,  81-83 

Voting  precincts.     (See  Precincts,  voting.) 


200  INDEX. 

w. 

PAGE 

Ward  committees,  election,  term,  etc.,        .          .          .          .          .         .         .  38,  39 

in  case  of  a  re-division  of  a  city  into  wards,       .....         39 

vacancies  in,  how  filled,  ........         39 

duties  of,  when  nomination  papers  (caucus)  are  not  filed,    .          .          .  50,  51 

Wardens,  appointment  of,         .          .          .          .          .          .          .  .  74,  75 

powers  and  duties  of ,  .          .  .          .          .          .          .76 

removal  of,    .  .          .          .          .          .          .          .          .          .  75,  76 

vacancy  in  office  of,        .........  75,  76 

to  see  that  ballot  box  is  empty  at  opening  of  polls,     ....         92 

not  to  make  statements  relative  to  elections  prior  to  public  declaration 

of  vote, ...         93 

not  to  give  information  regarding  ballots  cast  by  challenged  voters,     .         97 
duties  of,  in  the  count  and  canvass  of  votes,      .....  97,  98 

penalties  on, .  .  137-139 

(See  also  Presiding  election  officers.) 
of  caucuses.     (See  Presiding  officers.) 

Wards,  division  of  cities  into,    .          .          .          .          .          .          .          .          .         71 

proceedings  at  elections  in,  when  new  division  is  made,       ...         72 

Wards  and  precincts,  division  of,  secretary  of  the  commonwealth  to  be  noti- 
fied of  changes  in,    .          .          .          .          .          .          .          .          .74 

Warrant,  calling  town  meeting,  to  be  issued  by  selectmen,   .          .          .        124,  125 
may  be  issued  by  justice  of  the  peace  if  selectmen  refuse,   .  .       125 

to  state  time  and  place  of  meeting  and  subjects  to  be  acted  on,  .  91,  125 

selectmen  to  insert  in,  all  subjects  on  written  request  of  ten  voters,      .       125 
penalty  for  removing  or  defacing,     .....  .       142 

to  specify  hours  of  opening  and  closing  polls,     .          .          .          .          .91 

when  a  vote  is  to  be  taken  on  proposed  constitutional  amendment  or 

question,  to  contain  full  copy  of  amendment  or  question,     .          .         91 
two  or  more  distinct  town  meetings  may  be  called  by  one,  .          .       125 

Withdrawal,  of  name  of  candidate  from  nomination,  to  be  in  writing,    .          .         69 
time  for  filing,        ..........         69 

to  be  preserved  for  one  year,  open  to  public  inspection,       ...         70 
of  name  of  candidate  for  nomination  by  caucus,          .          .          .          .51 

Witnesses,  at  inquests  in  election  cases,       ......         120,  121 

at  hearings  before  ballot  law  commissioners,      .          .          .          .          .71 

Women,  may  vote  for  members  of  school  committees,  .          .          .          .  10,  11 

to  be  registered,     ..........         21 

list  of  names  on  register  of  voters  to  be  given  to  assessors, .          .          .         21 
assessors,  except  in  Boston,  to  inquire  regarding  residence  of  those, 

whose  names  are  on  lists,  .          .          .          .          .          .          .11 

list  of,  to  be  made  by  assessors,        .          .          .          .          .          .          .11 

in  Boston,  how  made,  .          .          .          .          .          .          .          .  29,  30 

except  in  Boston,  to  be  sent  to  registrars  of  voters,  .          .          .         12 

in  Boston,  to  be  transmitted  by  election  commissioners  to  listing 

board,    ...  .  ...  33 


INDEX.  201 

PAGE 

Women,  names  of,  to  be  placed  in  separate  columns  or  lists,          ...         26 
may  sign  nomination  papers  for  candidates  for  school  committees,        .         65 
voting  at  election  of  school  committees,  ballots  to  be  used  by,     .    85,  86,  133 
eligible  as  overseers  of  the  poor  and  school  committee,        .          .          .       128 
registration  of.     (See  Registration  of  voters.) 
Workmen,  wages  of,  not  to  be  reduced  on  account  of  vote,  ....       145 

not  to  be  discharged  on  account  of  vote,  ......       145 

to  be  allowed  time  to  vote,      ........          8 


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